Vidya Vitthal Ghadashi v. The State Of Maharashtra And ORS.

35-wp-3155-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3155 OF 2021 Smt. Vidya Vitthal Ghadashi ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents __________ Mr. Girish Kulkarni a/w. Ms. Mrunmai Kulkarni i/b. Subir Sarkar for Petitioner.

Mr. K. V. Saste, APP for State/Respondent.

__________ CORAM : NITIN JAMDAR AND SARANG V. KOTWAL, JJ.

DATE : 26 OCTOBER 2021 P.C. :

.

The Petitioner has approached this court with a direction to the Respondent-State to register an F.I.R. against the entities specified in the Petition on the complaint which was given to the Senior Police Inspector, Mahim.

2.

Section 154 of the Code of Criminal Procedure lays down a methodology as to the information to the police and hierarchy of authorities for making a grievance. As regard section 154(1) of the Code of Criminal Procedure is concerned, the Petitioner has made a VINOD BHASKAR GOKHALE VINOD BHASKAR GOKHALE Date: 2021.10.29 12:17:00 +0530 Gokhale

35-wp-3155-21 complaint to the Senior Police Inspector. According to the Petitioner, Senior Police Inspector has not taken any action. In that eventuality, Section 154(3) of the Code of Criminal Procedure comes into play, where any person aggrieved by refusal on the part of police officer in charge of the police station to record the information can approach the Superintendent of Police. Once there is procedure laid down under the Code, the general representation which is annexed to the Petition is not in compliance with section 154(3) of the Code of Criminal Procedure. Once the specific methodology is provided under the Code, it is expected that the parties should follow the same. Such general representation to all the authorities should not be made. 3.

The learned counsel for the Petitioner states that the Petitioner will follow the course of action under section 154(3) of the Code of Criminal Procedure. In view of this statement, no further orders are required to be passed in this Petition. 4.

The Writ Petition is accordingly disposed of. (SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)