Sunil Pathak v. State Of Maharashtra

12.WP.1578.16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1578 OF 2016 Sunil Pathak ..Petitioner

Versus

The State of Maharashtra and Ors.

..Respondents Mr. Ninad Muzumdar, Advocate for the Petitioner. Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM : B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE : 31st JANUARY, 2018 P.C.

The Apex Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and others reported in (2008) 2 SCC 409, has held that in the event the police machinery fails to register an FIR, the aggrieved person can file a complaint either under Section 156(3) or 200 of the Criminal Procedure Code. The Petition is rejected by relegating the Petitioner to the alternate remedy available to him in law.

[B. P. COLABAWALLA, J.] [B. R. GAVAI, J.] AGP