Mohini Prashant Vitankar v. The State Of Maharashtra And ORS.

Osk 4-Wp-845-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 845 OF 2021 Mohini Prashant Vitankar ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr.K.R. Tiwari a/w. Mr.Avnendra Kumar i/b.K.R. Tiwari And Co. for Petitioner. Mr.Ajay Patil, A.P.P. for Respondent-State.

PSI Mr.S. Katkar, Samta Nagar Police Station is present. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th December 2022.

P.C. :

1.

By the present Petition, Petitioner is seeking registration of crime on the basis of her alleged complaint.

2.

Petitioner has a substantive alternate remedy available under the provisions of Criminal Procedure Code and without availing such a remedy, Petitioner has directly approached this Court. Even otherwise, a Writ Petition under Article 226 of the Constitution of India for lodgment of FIR is not maintainable. Reliance is placed on the following decisions:- (i) All India Institute of Medical Science Employee' s Union (Regd.) Through its President Vs. Union of India & Ors. reported in 1/2

Osk 4-Wp-845-2021.odt (1996) 11 SCC 582;

(ii) Gangadhar Janardhan Mhatre Vs. State of Maharashtra & Ors., reported in 2005 SCC (Cri) 404;

(iii) Aleque Padamsee & Ors. Vs. Union of India & Ors., reported in (2007) 6 SCC 171 (3 Judges of SC);

(iv) Sakiri Vasu Vs. State of Uttar Pradesh & Ors., reported in (2008) 2 SCC 409 and (v) Sunil Jabarchand Modi Vs. State of Maharashtra & Ors. (Cri. W.P. 317/2011 dated 8.12.2011).

(vi) Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage & Ors., reported in (2016) 6 SCC 277.

(vii) M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728.

3.

In view of the above, learned Advocate for the Petitioner seeks leave to withdraw present Petition with liberty to file a private complaint if so advised and as may be permissible under the provisions law. Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.12.12 10:48:21 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2