Bombay High Court

RAVINDRA BHASKAR SONAVANE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed; the petitioners are directed to approach the concerned magistrate under Section 156(3) CrPC for redressal.

Summary

The petitioners, represented by Mr. A.D. Sonkawade, filed a criminal writ petition seeking a direction to the police station to take cognizance of complaints dated 18‑05‑2021, 26‑05‑2021 and 02‑06‑2021 and to register FIRs. The court noted that the disputes involved rival groups in the Jalgaon Zilla Maratha Vidya Prasarak Sahakari Samaj Ltd. and that the petitioners had not approached the magistrate under the appropriate provision of the Criminal Procedure Code. The learned judges observed that the relief sought could be obtained by filing an application under Section 156(3) of the CrPC before the concerned magistrate. Consequently, the court directed the petitioners to approach the magistrate for redressal and disposed of the writ petition, subject to the law of limitation. The decision underscores that courts will not intervene in police cognizance matters where procedural remedies under the CrPC are available.

Issues considered

Whether the High Court can direct the police to take cognizance of the complaints and register FIRs.
Whether the petitioners should approach the magistrate under Section 156(3) of the Criminal Procedure Code.
Whether the petition is barred by limitation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 156(3)

Subjects

Criminal Procedure
Section 156(3)
FIR
Police cognizance
Limitation
Writ petition

Judgment

2026:BHC-AUG:42332-DB

                                                                            691.21WP

                                                 1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        913 CRIMINAL WRIT PETITION NO. 691 OF 2021

                           RAVINDRA BHASKAR SONAVANE & OTHERS
                                         VERSUS
                           THE STATE OF MAHARASHTRA & OTHERS

                                                   ...
                          Advocate for the petitioners : Mr.A.D.Sonkawade
                            APP for Respondent-State : Mr.G.A.Kulkarni
                                                   …

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

                                       DATE      :   10.09.2026
                 P.C. :


                 1]           Though     Mr.A.D.Sonkawade,    learned    counsel

                 submits before this Court that he is having instructions to

                 appear on behalf of the petitioners, but on going through the

                 record, it appears that the petitioners are seeking direction to

                 the concerned Police Station to take cognizance of the

                 complaints made by them dated 18.05.2021, 26.05.2021 and

                 02.06.2021 and to register FIR.



                 2]           On going through the petition and the documents

                 annexed to it along with those complaints, it appears that

                 there are rival groups in the Jalgaon Zilla Maratha Vidya
                                                               691.21WP

                                 2

Prasarak Sahakari Samaj Ltd., Jalgaon and so many

disputes in respect of earlier change reports were there.

Though learned counsel Mr.A.D.Sonkawade submits that he

has not gone through the petition and he is having

instructions to appear on behalf of the petitioners, but

considering the nature of prayers sought by the petitioners,

we are of the opinion that this petition can be disposed of, by

giving direction to the petitioners to approach the concerned

Magistrate    for   redressal   of   their   grievances   by    filing

appropriate application under Section 156 (3) of Criminal

Procedure Code.



3]           In view of the same, the Writ Petition stands

disposed of, with liberty as aforesaid if the law of limitation

permits.




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

DDC

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