Bombay High Court

MALAN W/O. MANOHAR PATTHE AND ANRversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed as the allegations of police assault were investigated and found to be unsubstantial.

Summary

The petitioners, Malan and another, filed a criminal writ petition seeking registration of an FIR based on a complaint dated 17 April 2020 alleging that Police Constable Mr. Salve had beaten them during a dispute involving the Thorat family. The police records showed that FIR No. 314/2020 was lodged against Mukesh Thorat and others, and an inquiry into the alleged assault by Constable Salve found no evidence of such a beating. The petitioners were instead sent to a hospital for injuries they sustained, but they had not specifically complained against the constable at the time of the incident. The High Court held that the allegations had been investigated and found to be unsubstantial, and therefore there was no ground to register an FIR. Consequently, the petition was dismissed and the matter disposed of.

Issues considered

Whether the allegations of assault by Police Constable Mr. Salve warrant registration of an FIR
Whether a criminal writ petition is maintainable when the police inquiry finds no substance to the allegations

Subjects

FIR registration
police misconduct
criminal writ petition
inquiry
petition dismissed

Judgment

2026:BHC-AUG:42252-DB

                                                                          591.21WP

                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        912 CRIMINAL WRIT PETITION NO. 591 OF 2021

                          MALAN W/O.MANOHAR PATTHE & ANOTHER
                                         VERSUS
                           THE STATE OF MAHARASHTRA & OTHERS

                                                 ...
                            Advocate for the petitioners : Mr.R.R.Imale
                          APP for Respondent-State : Mrs.M.N.Ghanekar
                                                 …

                                      CORAM :       SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                      DATE     :    10.09.2026


                 P.C. :


                 1]          Though     the   petitioners   are   claiming    for

                 registration of FIR on the basis of their complaint dated

                 17.04.2020, but on perusal of the said complaint, it is in

                 respect of their dispute between Thorat family. Second part of

                 that complaint, which relates to alleged beating by the Police

                 Constable Mr.Salve when he had gone through the complaint

                 lodged against the Thorat family. However, the learned APP

                 by pointing out police papers submitted that N.C.No.

                 314/2020 was lodged against Mukesh Thorat and others.

                 However, the police papers further indicated that there was
                                                              591.21WP

                                 2

no beating of the petitioners at the hands of the Police

Constable Mr.Salve. In fact, the enquiry was also made in

respect of allegations of the petitioners against the said Police

Constable Mr.Salve and it was found that nothing of that sort

had taken place. Further the Police had in fact sent the

petitioners to the Hospital as they had sustained injuries. On

going through the MLC, it is clearly evident that the

petitioners had not raised any complaint against Constable

Mr.Salve at the time of telling history of assault. They only

stated that they sustained injuries in the assault on that day.



2]           Under such circumstances, it clearly indicates

that   the   allegations   of   the   petitioners   against   Police

Constable Mr.Salve were inquired into and no substance was

found therein. In view of the same, nothing survives in this

Petition and the same stands disposed of.




[VAISHALI PATIL-JADHAV]               [SANDIPKUMAR C.MORE]
        JUDGE                              JUDGE

DDC

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