Vijaykumar S/O Popatlal Shah v. The State Of Maharashtra And ORS.

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2021.11.25 15:11:17 +0530 sg 1/2 18.wp1493-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1493 OF 2021 Vijaykumar S/o Popatlal Shah ..

Petitioner v/s.

The State of Maharashtra & Ors.

..

Respondents ....

Mr. Amit Sale, a/w. Mr. Tukaram Shendage, for the Petitioner. Mrs. S.D. Shinde, APP, for Respondent State.

....

CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.

DATE : 23 NOVEMBER 2021.

P.C:- Heard learned Counsel for the parties.

2.

The Petitioner has filed this petition seeking a direction to Respondent No.3-the Police Inspector, Chakan Police Station, to register FIR based on the complaint by the Petitioner on 8 March 2020. The learned Counsel for the Petitioner and the learned APP point out that the Inspector, after recording a statement, has come to a conclusion that the dispute is of civil nature and there is no criminality involved. The Petitioner has a remedy of approaching the Superintendent of Police under Section 154(3) of the Code of

sg 2/2 18.wp1493-21.doc Criminal Procedure. Apart from this remedy, the Petitioner can approach the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure. Since these two remedies are available to the Petitioner, it is not necessary for us to entertain the petition. The writ petition is, accordingly, disposed of.

(SARANG V. KOTWAL, J.) (NITIN JAMDAR, J.)