Vijaykumar Gopichand Ramchandani v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 999 OF 2023 Vijaykumar Gopichand Ramchandani ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. Aniket U. Nikam a/w Mr. Amit Incham, Adv. for the Petitioner. Mr. Y. M. Nakhwa, APP for the State/Respondent.

CORAM

: SUNIL B. SHUKRE & ABHAY S. WAGHWASE, JJ DATED : MARCH 20, 2023 P.C. :

1.

Heard.

2.

The petitioner has prayed for issuing of appropriate writ, order and/or direction to the respondents to verify genuineness of any complaint that may be filed before lodging of an FIR against the petitioner, as he apprehends the same.

3.

In fact in view of the law laid by the Hon'ble Apex Court in the case of Latika Kumari vs. Government of U.P. and Others reported in AIR 2014 SC 187, if any complaint received by the police discloses commission of any cognizable offence, the police is under a duty to register the crime and it is only in case of any doubt about constitution of the cognizable offence that the police can verify the allegations made in the complaint and take appropriate action following the result of verification. Such being the nature of the duty 1/2 18.wp.999.2023.doc GRM

fastened upon the jurisdictional Police Station, it will not be possible to this Court to grant writ as sought for, which is quite omnibus in nature.

4.

The petition, therefore, stands dismissed.

[ ABHAY S. WAGHWASE, J. ] [ SUNIL B. SHUKRE, J. ] 2/2 18.wp.999.2023.doc GRM