Suresh Krishansingh Javeri v. The State Of Maharashtra And ORS

Osk 10-Wp-6648-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6648 OF 2021 Suresh Krishansingh Javeri ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Vasant Rajnale for Petitioner.

Ms. S.D. Shinde, A.P.P. for Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 1st February 2023.

P.C. :

1.

The Petitioner is seeking a writ of mandamus for direction to Respondent Nos.2 to 5, who are Revenue Authorities, to lodge a crime on the basis of representation made by the Petitioner dated 3rd October 2019 to the concerned Authority.

2.

Admittedly the Petitioner did not follow the procedure as prescribed under the Criminal Procedure Code (for short, "Cr.P.C.") before approaching this Court. Petitioner did not comply with Section 154(1) and/or 154(3) of Cr.P.C.. The alternate remedy available at the disposal of the Petitioner has also been not availed before seeking relief prayed for in the present Petition. According to us, present Petition is misconceived and is abuse of process of law.

3.

In view thereof, Petition is dismissed in limine. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] 1/1 OMKAR SHIVAHAR KUMBHAKARN OMKAR SHIVAHAR KUMBHAKARN Date: 2023.02.02 17:16:09 +0530