Jamunabai Babulal Sahu v. The Senior Police Inspector And ANR.

3167-14-wp=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3167 OF 2014 Smt. Jamanabai Babulal Sahu .. Petitioner v/s.

The Senior Police Inspector Kopari Police Station, Kopari Thane (E) & Ors.

..Respondents Mr. Prakash Naik i/b T.N. Sonawane for the petitioner Mrs. U.V. Kejriwal, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 25th FEBRUARY, 2015.

P.C.

1.

Heard Mr. Naik, leaned Counsel for the petitioner and Mrs. Kejriwal, learned APP for the respondent State. By this petition, the petitioner is seeking direction to respondent no.1 to register the FIR.

2.

One Mr. Nilkanth Bagale, API, Kopri Police Station has filed an affidavit dated 31.10.2014. The affidavit discloses that the Uday S. Jagtap

3167-14-wp=.doc petitioner's complaint was inquired with and thereafter it was found that the cognizable offence is not made out. The petitioner is accordingly informed by communication dated 29.10.2014. 3.

In the above circumstances, the petitioner is at liberty to approach the Magistrate by way of filing private complaint. However, no interference is required in the writ petition in exercise of our extra ordinary jurisdiction under Article 226 of the Constitution of India.

4.

The Writ Petition is disposed of accordingly. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.) Uday S. Jagtap