Bombay High Court

DNYANESHWAR NARAYAN DOKE AND ANR.versusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 17 June 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

The writ petition is not maintainable and is therefore dismissed.

Summary

The petitioners, Dnyaneshwar Narayan Doke and another, filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 11 February 2019. The High Court examined the maintainability of such a petition in light of the Supreme Court’s recent decision in Sujal Vishwas Attavar v. State of Maharashtra (2026 SCC OnLine SC 798). The Court held that, following the Supreme Court precedent, a writ petition for the lodging of a crime is not maintainable. Consequently, the petition was dismissed. No substantive merits of the underlying complaint were addressed.

Issues considered

What is the maintainability of a writ petition under Article 226 seeking the lodging of a criminal case?

Subjects

Article 226
Writ petition
Maintainability
Criminal law
Supreme Court precedent

Judgment

DTG                                                        133-Wp.938.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 938 OF 2019

Dnyaneshwar Narayan Doke & Anr.                          … Petitioners
         V/s.
The State of Maharashtra & Ors.                          … Respondents
                   _______________________________________

Mr. Ashok Kumar Dubey a/w Mr. Anil Kumar Pandey i/b SAVJ Law Solutions
for Petitioners.

Smt. P.P. Shinde, A.P.P. for Respondent-State.
                  _______________________________________

                            CORAM : A. S. GADKARI AND
                                    KAMAL KHATA, JJ.
                            DATE  : 17th June 2026

P.C. :

.               In view of recent 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 complaint

dated 11th February 2019, filed by the Petitioners is not maintainable and is

accordingly disposed off.



                ( KAMAL KHATA, J. )                ( A.S. GADKARI, J. )




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