Damaji Sopan Dhotre v. The State Of Maharashtra

31-WP3164-18.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3164 OF 2018 Damaji Sopan Dhotre

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. M. S. Adenwala, for the Petitioner.

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

CORAM:

RANJIT MORE & N. J. JAMADAR, JJ DATED:

16th SEPTEMBER, 2019 PC:- 1.

The petitioner is seeking direction to respondent to register FIR in pusuance of the complaint dated 17th May, 2017, copy of which is annexed at Exhibit 'C'. 2.

In the said complaint the petitioner alleged that one Kanchan was murdered by her maternal aunt Surekha, her son-in-law Tatya Jadhav and daughter Shridevi Jadhav etc. in the month of July-2014.

3.

The said complaint of the petitioner was enquired into by Mangalvedha Police Station. The police made an enquiry with the parents of deceased Kanchan and came to the conclusion that there is no substance in the petitioner's complaint and accordingly the said complaint was fled. This decision was communicated to the petitioner also. 1/2

31-WP3164-18.DOC 4.

That apart, the petitioner claimed to be a neighbour of deceased Kanchan. There are disputes between the petitioner and the accused persons. The petitioner approached Mangalvedha Police Station after expiry of period of three years from the date of alleged incident. The police, in enquiry, found that there is no material to substantiate the allegations of the petitioner and therefore the FIR was not registered.

5.

In the above circumstances, we are not inclined to entertain this petition, especially when the petitioner has an alternative remedy under Section 156 of the Criminal Procedure Code. The petition stands dismissed. [N. J. JAMADAR, J.] [RANJIT MORE, J.] 2/2