Bombay High Court

RAJENDRAKUMAR KISHANLAL JAISWALversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that it cannot compel the police to register a cognizable offence and directed the petitioner to file a private complaint before the magistrate if he wishes to pursue the matter.

Summary

Petitioner Rajendrakumar Kishanlal Jaiswal filed a criminal writ petition seeking a court direction to register offences under the Cyber Law and the Indian Penal Code against respondents 4 and 5. The police had already recorded three non‑cognizable reports at Badnapur and Kadim Jalna police stations based on the petitioner’s complaint dated 14‑09‑2020. The learned Additional Public Prosecutor informed the court that if the petitioner is dissatisfied with the non‑cognizable registration, he may file a private complaint before the appropriate magistrate or specify a cognizable offence. The petitioner’s counsel indicated an intention to file such a private complaint, subject to the limitation period. The bench disposed of the petition, granting liberty to the petitioner to pursue a private complaint, and declined to order any further police action.

Issues considered

Whether the High Court can direct the police to register a cognizable offence under the Cyber Law and IPC against the respondents
Whether the petitioner has any other remedy if dissatisfied with the registration of non‑cognizable reports

Legislation cited

Subjects

criminal writ petition
registration of FIR
non‑cognizable report
private complaint
limitation period
cyber law
IPC
Bombay High Court

Judgment

2026:BHC-AUG:42162-DB
914 CRIMINAL WRIT PETITION NO. 848 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

914 CRIMINAL WRIT PETITION NO. 848 OF 2021

Rajendrakumar Kishanlal Jaiswal
Versus
The State Of Maharashtra And Others
__________________________________________________________
• Adv. Undre Vikram S. for the Petitioner
• Mr. S. J. Salgare, A.P.P. for State
__________________________________________________________

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

DATE : SEPTEMBER 08, 2026

PER COURT :

1) Heard.

2) Though direction is sought against Respondent

Nos. 4 and 5 for registration of offence under the Cyber Law

and the Indian Penal Code, but it appears that, pursuant to

the complaint of the petitioner dated 14.09.2020, the Police

have already registered N.C.

3) The record shows that, in all, three such non-

cognizable reports have been registered at Badnapur Police

Station and Kadim Jalna Police Station.

4) The learned A.P.P. submits that, if the petitioner

is not satisfied with the registration of N.C., he may file

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914 CRIMINAL WRIT PETITION NO. 848 OF 2021

private complaint before the concerned Magistrate or point

out as to which cognizable offence has been committed by

the concerned persons.

5) Learned counsel for the petitioner submits that

the petitioner would file private complaint against the

concerned persons, subject to the law of limitation.

6) In view of the above, the petition stands

disposed of with liberty as aforesaid.

(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE

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