Bombay High Court
DIYA RUSHIKESH KHARAT ALIASA DIYA PRAVIN DABHOLKARversusCOMMISSIONER OF POLICE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the petitioner to appear for statement recording and disposed of the petition without ordering immediate FIR registration.
Summary
The petitioner, Diya Rushikesh Kharat, filed a writ petition alleging that the police failed to register an FIR despite a cognizable offence alleged to have occurred on 15 December 2025. The petition claimed that the police had called her to the station on three occasions and later visited her residence on 3 March 2026, but she refused to sign a statement, alleging the police were pressuring her to settle the matter. The respondents, represented by the Commissioner of Police and an Additional Police Prosecutor, contended that the petitioner’s non‑attendance and refusal to sign precluded FIR registration. The Court noted the procedural impasse and directed that the petitioner appear at the police station on 6 March 2026 between 11.00 am and 2.00 pm for her statement to be recorded by PSI Bansode. The Court disposed of the petition, stating that once the statement is recorded the police may take action as per law, and the petitioner may seek further remedy if needed.
Issues considered
- Whether the police are mandated to register an FIR when a complaint alleges a cognizable offence but the complainant refuses to attend the police station or sign a statement.
Subjects
- FIR registration
- cognizable offence
- police duty
- writ petition
- statement recording
- non‑compliance
Judgment
Vina Khadpe 1 of 3 11.cr.wp.746.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.746 OF 2026
Digitally
Diya Rushikesh Kharat Alias
signed by
VINA
VINA
ARVIND
Diya Pravin Dabholkar ..Petitioner
ARVIND KHADPE Versus
KHADPE Date:
2026.03.05
16:23:22
+0530
Commissioner of Police and ors. ..Respondents
__________
Mr. Tushar N. Sonawane a/w Ms. Pooja D. Satpute i/b. Mr.
Prashant Hagare for Petitioner.
Ms. Mahalakshmi Ganapathy, Addl.PP for State/Respondent.
PSI Bansode, Rabale Police Station present.
__________
CORAM : SARANG V. KOTWAL &
SANDESH D. PATIL, JJ.
DATE : 04 MARCH 2026
PC :
1. The grievance of the Petitioner is that the police officers
have not registered the FIR on her complaint. The learned counsel
for the Petitioner invited our attention to Exhibit ‘A’ annexed to this
Petition which describes the incident as per the Petitioner. The
incident is dated 15th December, 2025. The said complaint was
received by the office of the Police Commissioner, Navi Mumbai on
22nd December, 2025. The grievance of the Petitioner is that
Vina Khadpe 2 of 3 11.cr.wp.746.2026
though a cognizable offence is made out the police have not
registered any FIR.
2. The learned APP on instructions states that the Petitioner
was called to the Police Station not less than three occasions but
she did not attend the police station. Finally, the police officers
went to her residence on 3 rd March, 2026, and even then she
refused to sign the statement.
3. The learned counsel for the Petitioner submitted that the
police were forcing her to settle the matter with the otherside, and
therefore she did not sign the statement.
4. We have considered both these statements.
5. The learned APP on instructions states that if the
Petitioner comes to the police station on 6th March, 2026, between
11.00 am to 2.00 pm, PSI Bansode, a lady police officer shall
record her statement. The learned counsel for the Petitioner
submitted that if the statement is recorded as per her say, then the
Petitioner shall sign the statement.
Vina Khadpe 3 of 3 11.cr.wp.746.2026
6. Once this is done, the police shall take action in
accordance with law.
7. In this view of the matter, the Petition is disposed of in
the aforesaid terms accepting the statements made by the learned
counsel for the Petitioner and the learned APP. In case the
Petitioner has further grievance in future, she will be at liberty to
adopt appropriate remedy available in law.
8. With these direction and observations, the Petition is
disposed of.
(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)
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