Bombay High Court

SUNITA VILAS GAONKARversusTHE STATE OF MAHARASHTRA

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 petitioner, Sunita Vilas Gaonkar, filed a writ petition under Article 226 of the Constitution seeking the lodging of a criminal case based on a complaint dated 22 August 2018. The High Court considered the recent Supreme Court judgment in Sujal Vishwas Attavar & Anr. v. State of Maharashtra (2026 SCC OnLine SC 798). The Supreme Court decision clarified the criteria for maintainability of such writ petitions. Applying that precedent, the Court held that the present petition was not maintainable. Consequently, the petition was dismissed and the matter was disposed of.

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                                                        134-Wp.948.2019.doc



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                        WRIT PETITION NO. 948 OF 2019

Sunita Vilas Gaonkar                                     … Petitioner
         V/s.
The State of Maharashtra                                 … Respondent
                   _______________________________________

Ms. Sonali R. Chavan i/b Dr. Uday P. Warunjikar for Petitioner.

Smt. Madhavi H. Mhatre, 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 22nd August 2018, filed by the Petitioner is not maintainable and is

accordingly disposed off.




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




                                                                                 1/1

Continue reading with your account

Checking your session…