Bombay High Court
NAJEMA TAMIZODDIN ANSARIversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISMISSED
Holding
The criminal writ petition lacks substantive basis and is dismissed.
Summary
Petitioner Najema Tamizoddin Ansari filed a criminal writ petition seeking the police to consider several applications relating to her grievance, alleging she was beaten on 20 July 2026 and examined by a medical officer. The police responded that the grievance is of a civil nature and that an earlier criminal case (Crime No. 71 of 2023) under IPC sections 328, 341, 506 and 34 was already investigated and dismissed for lack of evidence. The police also noted that the petitioner failed to provide requested documents and did not file a formal complaint regarding the alleged assault. The petitioner’s counsel argued that the police should have taken cognizance despite the absence of a complaint. The court held that there was no substantive basis for the writ petition, as the grievance is civil and no criminal complaint was lodged, and consequently dismissed the petition.
Issues considered
- Whether a criminal writ petition can be entertained when the grievance is civil in nature
- Whether police are obligated to act on an alleged assault without a formal complaint
- Whether the petitioner can compel police to consider pending applications
Legislation cited
- Indian Penal Code, 1860 — s. 328, 34, 341, 506
Subjects
- criminal writ petition
- police duty
- civil grievance
- non-cognizance
- IPC
- summary disposal
- medical examination
- complaint filing
Judgment
2026:BHC-AUG:38973-DB
926 CRIMINAL WRIT PETITION NO. 948 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 CRIMINAL WRIT PETITION NO. 948 OF 2026
Najema Tamizoddin Ansari
... Petitioner
~VERSUS~
The State Of Maharashtra And 11 Others
... Respondents
__________________________________________________________
Adv. Farooqui Kamaloddin Nuruddin for the Petitioner
Ms. M. N. Ghanekar, APP for State
__________________________________________________________
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : AUGUST 20, 2026
PER COURT :
1) Heard.
2) Although the petitioner is seeking direction to
Respondent Nos. 1 to 4, who are police officials, to consider
and decide her grievance under applications dated
13.05.2026, 18.05.2026, 15.06.2026, 17.06.2026,
22.06.2026, 23.06.2026 and 25.06.2026, the learned A.P.P.
has placed on record communication dated 18.08.2026.
3) The said communication mentions that the
grievance of the petitioner is of civil nature. So far as the
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926 CRIMINAL WRIT PETITION NO. 948 OF 2026
cause of action giving rise to criminal prosecution is
concerned, earlier, the Manwat Police Authorities had
already registered Crime No. 71 of 2023 under Sections
328, 341 and 506 read with Section 34 of the I.P.C. against
the concerned persons. However, no evidence was found
therein and, therefore, "B" Summary was submitted to the
concerned Court.
4) The said communication further indicates that
the petitioner was called upon to furnish certain
documents in support of her grievance, but she did not
supply the same. The entries to that effect have also been
made in the Station Diary of Police Station Manwat.
5) As such, it appears that the petitioner has been
making application after application, but her real grievance
appears to be of civil nature.
6) Learned counsel for the petitioner submits that
on 20.07.2026, the petitioner was beaten by the other
respondents, but the police did not take any cognizance
thereof, despite the fact that she was examined by the
Medical Officer.
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926 CRIMINAL WRIT PETITION NO. 948 OF 2026
7) However, learned A.P.P. submits that no
complaint to that effect was, in fact, filed by the petitioner
and that, if such complaint is filed, the police are ready to
take cognizance thereof in accordance with law.
8) Thus, apparently, there is no substance in the
present petition. Criminal Writ Petition, therefore, stands
dismissed.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
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