Bombay High Court
KISHOR GIRDHARILAL LALWANIversusSTATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed as the complaint was closed having found no cognizable offence, and the petitioner may seek remedy under Section 22P of the Maharashtra Police Act.
Summary
The petitioner filed a criminal complaint which was investigated by the police. The investigating officer reported that no cognizable offence was established and the complaint was closed on 27 November 2025. The petitioner sought relief through a writ petition. The Court held that, since the complaint was closed, the petition’s primary relief could not be granted and directed the petitioner to pursue the alternative remedy under Section 22P of the Maharashtra Police Act before the State Police Complaints Authority. Accordingly, the petition was disposed.
Issues considered
- Whether the writ petition remains maintainable after the police investigation concluded that no cognizable offence exists
- Whether the petitioner can seek redress under Section 22P of the Maharashtra Police Act
Legislation cited
- Maharashtra Police Act, 1951 — s. 22P
Subjects
- criminal procedure
- cognizable offence
- complaint closure
- writ petition
- Police Complaints Authority
Judgment
sns 23-wp-708-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.708 OF 2026
Kishor Girdharilal Lalwani … Petitioner
V/s.
State of Maharashtra & Ors. … Respondents
Mr. A.S. Rao a/w. Adv. Rajat V. Dighe for the Petitioner.
Smt. P. P. Shinde, APP for the Respondent-State.
Mr. Vinod Patil, API, Ulhasnagar Police Station, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 21st August, 2026
P.C.:-
1) Learned APP on instructions from Mr. Patil submitted that, the
complaint filed by the Petitioner has been enquired into and no cognizable
offence was made out therefrom. Therefore, the said complaint is closed
and filed on record. That, the said fact is communicated to the Petitioner on
27th November, 2025.
2) In view thereof, the prayer clause (a) of the Petition does not
survive. As far as prayer clause (b) is concerned, the Petitioner is at liberty
to avail alternate statutory remedy provided under Section 22P of the
Maharashtra Police Act, 1951 before the State Police Complaints Authority.
3) Petition is accordingly disposed off in the aforesaid terms.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally
signed by
SUMEDH
SUMEDH
NAMDEO
NAMDEO
SONAWANE
1/1
SONAWANE Date:
2026.08.28
10:20:24
+0530
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