Bombay High Court

RIYAZ SOMANIversusTHE POLICE INSPECTOR ECONOMIC OFFENCES WING AND 2 ORS

Disposal: Disposed of

Holding

Since the petitioner has resorted to the appropriate remedy under Section 175(3) of the BNSS before the jurisdictional magistrate, the writ petition need not be considered.

Summary

The petitioner, Riyaz Somani, filed a criminal writ petition challenging a police communication that refused to register an FIR based on his complaint. He had already filed a Criminal Miscellaneous Application No.163/2026 before the Judicial Magistrate, First Class at Mapusa, invoking Section 175(3) of the BNSS for direction to register the FIR. The High Court observed that the appropriate statutory remedy had been pursued before the competent magistrate and therefore the writ petition need not be entertained. However, the Court directed the magistrate to decide the pending application within eight weeks in the interest of justice. Consequently, the writ petition was disposed of with the said direction.

Issues considered

Whether the High Court should entertain a writ petition challenging refusal to register an FIR when the petitioner has already sought relief under Section 175(3) of the BNSS before the jurisdictional magistrate.

Legislation cited

BNSS — s. 175(3)

Subjects

FIR registration
Section 175(3)
Criminal Miscellaneous Application
High Court
Writ Petition
Police refusal
Jurisdiction
Justice

Judgment

                                12 WPCR 340 2026

     Niti

            IN THE HIGH COURT OF BOMBAY AT GOA
             CRIMINAL WRIT PETITION NO.340 OF 2026

RIYAZ SOMANI                                            ... PETITIONER
  Versus
THE POLICE INSPECTOR ECONOMIC
OFFENCES WING AND 2 ORS                                 ... RESPONDENTS


Mr. Kapil Kerkar, Advocate for the Petitioner.


                     CORAM:- S. G. CHAPALGAONKAR, J.
                     DATED :- 11th September, 2026

P.C.:


        Petitioner raises a challenge to the communication dated
30.06.2026 issued by Respondent No.1/Police Inspector, Economic
Offences Cell, Porvorim, thereby refusing registration of FIR on
the complaint filed by Petitioner.


2.    Learned Advocate appearing for Petitioner points out that he
has already filed a Criminal Misc. Application No.163/2026 before
the Judicial Magistrate, First Class at Mapusa (B Court), thereby
seeking direction in terms of Section 175(3) of BNSS and it is
reported that the said application is posted for consideration on
23.09.2026.


3.    In that view of the matter, once Petitioner has resorted to the

                                     Page 1 of 2
                                 11th September, 2026
                                                       12 WPCR 340 2026


                       appropriate remedy under Section 175(3) of BNSS before the
                       jurisdictional Magistrate, this Court need not consider the prayers
                       in the Petition. However, it would be appropriate, in the interest of
                       justice, if the learned Magistrate decides Petitioner's pending
                       Criminal Misc. Application No.163/2026 within a period of eight
                       weeks from today.


                       4. The Writ Petition stands disposed of with the aforesaid terms.



                                                              S. G. CHAPALGAONKAR, J.




Signed by: NITI K HALDANKAR
Designation: Private Secretary
                                                           Page 2 of 2
Date: 11/09/2026 15:01:39
                                                       11th September, 2026

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