Murlidhar Lonkar v. State Of Maharashtra And ORS.

Sr.No. 15 WP 2769.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SSK CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2769 OF 2014 Murlidhar Lonkar ....Petitioner versus State of Maharashtra and ors.

....Respondents Mr. P. M. Havnur i/b. Ms. Najafiya A. Shroff, advocate for the petitioner. Mr. K. V. Saste, APP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATED : 16th February, 2015.

P.C.:

The petition is filed for direction to respondent No.2 to register FIR on the basis of petitioner's complaints.

2.

Mr. Santosh Sadashiv Shevale, Assistant Police Inspector attached to Manpada Police Station, Dombivali East, Thane has filed an affidavit dated 19th September, 2014. Paragraph 12 of the affidavit shows that the preliminary inquiry was held into petitioner's complaint and police have come to the conclusion that there is no substance in the petitioner's complaint. The petitioner has been informed accordingly. The police thereafter closed the inquiry.

Shubhada S Kadam 1/2

Sr.No. 15 WP 2769.14 3.

In the light of the statement made in the above referred affidavit, if the petitioner is not satisfied with the preliminary inquiry, he has an alternative remedy to file complaints before the Magistrate under the provisions of Section 200 of the Code of Criminal Procedure, 1973. We are, therefore, not inclined to invoke the extraordinary jurisdiction conferred upon this Court under Article 226 of the Constitution of India. The writ petition, accordingly, stands dismissed. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) Shubhada S Kadam 2/2