Victory Towers Welfare Association Through Secretary Cdr. Jayant S Konde v. The State Of Maharashtra And ORS

spb/ 18wp3139-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3139 OF 2017 Victory Towers Welfare Association ... Petitioner.

V/s.

State of Maharashtra & Ors.

... Respondents.

--- WITH CRI. APPLICATION NO. 384 OF 2017 IN WRIT PETITION NO. 3139 OF 2017 City Corporation Ltd., ... Intervener In the matter between :

Victory Towers Welfare Association ... Petitioner.

V/s.

State of Maharashtra & Ors.

... Respondents.

--- Mr. Shivam Nagaria, Advocate i/by M/s. Triyama Legal, for the Petitioner Ms. S. V. Sonawane, APP for the State.

Mr. Chaitnya Pense, Advocate i/by Mr. Manoj S. Mohite, for the Intervener.

--- CORAM : B. R. GAVAI AND SMT. BHARATI H. DANGRE,JJ.

DATE : FEBRUARY 26, 2018 P.C. :

The Petitioner has approached this court, seeking direction to the Respondents to register FIR. Borey 1/2

spb/ 18wp3139-17.odt The Hon'ble Apex Court in the case of Sakiri Vasu vs. State of Uttar Pradesh & Ors., reported in (2008) 2 SCC 409, has held that if in-charge of concerned police station does not take cognizance of a complaint, the party can very well file a complaint either under section 156 (3) or section 200 of the Criminal Procedure Code.

The petition is rejected, by relegating the Petitioner to resort to an alternate remedy available in law. In view of this order, the Criminal application No. 384 of 2017 does not survive. It is disposed of as such. (SMT. BHARATI H. DANGRE, J.) (B. R. GAVAI, J .) .....

Borey 2/2