Bombay High Court
HUMAYUN RASHEED S/O. UMAR NAIKversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the police inquiry found no wrongdoing and the petitioner failed to demonstrate a need for court‑directed FIR registration.
Summary
The petitioner, Humayun Rasheed, filed a criminal writ petition seeking a court direction to register an FIR against several respondents for alleged illegal appointments. The court noted that the petitioner had approached the police on 19‑08‑2019, challenging the appointment of Mr. Ashfaquddin Kadri and seeking registration of a crime concerning Mr. Siraj Samdani. The police inspector conducted an inquiry and concluded that there was nothing wrong with the appointments, thereby rejecting the petitioner's complaint. The court held that, since the police inquiry had been completed and no FIR was warranted, the petition had no remaining grounds and was therefore disposed of. The court advised the petitioner that, if aggried by the police report, he may pursue appropriate legal proceedings under the law.
Issues considered
- Whether the High Court can direct the police to register an FIR against the respondents.
- Whether the petitioner has complied with procedural requirements by approaching the police before seeking judicial intervention.
- Whether the police inquiry report precludes further judicial relief.
Subjects
- Criminal Procedure Code
- FIR registration
- Writ petition
- Police inquiry
- Illegal appointment
Judgment
2026:BHC-AUG:35676-DB
1 920 CRIMINAL WRIT PETITION NO. 996 OF 2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 CRIMINAL WRIT PETITION NO. 996 OF 2019
HUMAYUN RASHEED S/O. UMAR NAIK
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Adv. M. S. Choudhary, Advocate for the Petitioner
Adv. G. A. Kulkarni, APP for Respondents-State
…..
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 11/08/2026
Per Court:
. Heard.
2. Though the direction is sought by the petitioner in this
petition to register the FIR against respondent Nos. 5 to 8 and other
concerned persons and to investigate the matter accordingly.
However, as per the order dated 05.08.2019, the petitioner was
asked to show that he had approached the police at any time and
produced the said record. Accordingly, it appears that on
19.08.2019 the petitioner had approached to the concerned police
station for challenging the appointment of Mr. Ashfaquddin Kadri
and for the registration of a Crime in respect of illegal appointment
of one Mr. Siraj Samdani. However, the learned APP placed on
record communication dated 13.09.2019 mentioning that as per
2 920 CRIMINAL WRIT PETITION NO. 996 OF 2019
the said complaint the concerned Police Inspector of Kalamnuri,
Police Station conducted the inquiry and it was found that nothing
was wrong in the appointments of the aforesaid persons. As such,
the complaint/ representation of the petitioner has been decided by
the concerned police station.
3. Accordingly, nothing survives in this petition and it stands
disposed of.
4. If the complainant is aggrieved by the report of concerned
Police Inspector of Kalamnuri, police station regarding his
complaint dated 19.08.2019, he may take out appropriate
proceedings as permissible under law thereby challenging the
same.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
Checking your session…