Dnyanoba Sakharam Dhayarkar v. The State Of Maharashtra And ANR

Sr.No.15 WP 1761.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1761 OF 2015 Shri Dnyanoba Sakharam Dhayarkar ..Petitioner

Versus

State of Maharashtra through Shri Sanjeev Dayal, The Director General of Police and ors.

..Respondents Mr. D. S. Dhayarkar, petitioner-in-person.

Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & V. L. ACHLIYA, JJ.

DATE : 3rd DECEMBER, 2015.

P. C. :

The petition is filed for direction to respondents to register an offence on the basis of the petitioner's complaint, a copy of which is annexed at page 36 of the petition. 2.

Mr. Saste, learned APP having taken instructions from his officer who is present before the Court, makes a statement that the concerned police having inquired into petitioner's complaint, came to the conclusion that there is civil dispute between the complainant and his brothers and this decision is already communicated to the petitioner. Mr. Saste placed on record the said decision and the communication sent to the petitioner in that regard.

Shubhada S Kadam 1/2

Sr.No.15 WP 1761.15 3.

In view of the above, we find that the petitioner, if aggrieved, can file a private complaint before the concerned magistrate. We do not find this a fit case to exercise the jurisdiction conferred upon this Court under Article 226 of the Constitution of India. The writ petition, accordingly, stands dismissed. [V. L. ACHLIYA, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2