Bombay High Court

NISHEET SINGHversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 31 July 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The petition is not maintainable as a writ under Article 226 cannot be used to compel the lodging of a criminal case.

Summary

The petitioner, Nisheet Singh, filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on his complaint. The High Court examined the maintainability of such a petition in light of the Supreme Court's decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The Supreme Court precedent held that a writ petition cannot be used to compel the filing of a criminal complaint. Applying this principle, the Court concluded that the present petition was not maintainable. Consequently, the petition was dismissed and the matter was disposed of.

Issues considered

Whether a writ petition under Article 226 can be entertained for the purpose of directing the lodging of a criminal case based on a complaint.

Subjects

Article 226
Writ petition
Maintainability
Criminal procedure
Supreme Court precedent

Judgment

                        DTG                                                             105-Wp-726-2020.doc



                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                CRIMINAL APPELLATE JURISDICTION

                                                  WRIT PETITION NO. 726 OF 2020

                        Nisheet Singh                                                  … Petitioner
                                  V/s.
                        The State of Maharashtra & Ors.                                … Respondents
                                             _______________________________________

                        Mr. Aashutosh Srivastava for Petitioner.

                        Mr. J.P. Yagnik, 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 under Article 226 of the

                        Constitution of India for lodgment of crime, on the basis of the complaint

                        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
            18:24:43 +0530




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