Bombay High Court
PRAVEEN S/O TARACHAND AGARWALversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Disposed Off
Holding
The writ petition for lodging of crime is not maintainable.
Summary
Petitioner Praveen filed a writ petition seeking the lodging of a crime based on a complaint dated 16 October 2018. The petition was examined in light of the Supreme Court's decision in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798). The Court held that, following the Supreme Court precedent, such petitions for lodging of crime are not maintainable. Consequently, the petition was dismissed. The judgment was signed by Justices Kamal Khata and A.S. Gadkari on 31 July 2026.
Issues considered
- Whether a writ petition for lodging of crime is maintainable after the Supreme Court's ruling in Sujal Vishwas Attavar & Anr. v. State of Maharashtra
Subjects
- writ petition
- criminal appellate jurisdiction
- maintainability
- lodging of crime
- Supreme Court precedent
Judgment
DTG 43-Wp-5833-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 5833 OF 2018
Praveen S/o. Tarachand Agarwal … Petitioner
V/s.
The State of Maharashtra … Respondent
_______________________________________
Mr. Abdullah Shaikh i/b A.M. Saraogi for Petitioner.
Smt. P.P. Shinde, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 31st July 2026
P.C. :
1) In view of Judgment of the Hon’ble Supreme Court in the case of
Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors., reported in
2026 SCC OnLine SC 798, present Petition for lodgment of crime on the basis
of the complaint dated 16th October 2018 filed by the Petitioner, is not
maintainable.
1.1) Petition is accordingly disposed off.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed
by
DNYANESHWAR DNYANESHWAR
TULSHIRAM TULSHIRAM
GHUMNAR GHUMNAR
Date: 2026.08.06
19:17:39 +0530
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