Smt. Smita Surewsh Rajguru And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3896 OF 2015 Smita Suresh Rajguru and Others.

..Petitioners.

Versus

State of Maharashtra.

..Respondent.

Mr. Mayuresh Modgi for the Petitioners.

Mr. J. P. Yagnik, learned APP for the State.

Coram : RANJIT MORE & V. L. ACHLIYA, JJ.

Date : February 11, 2016.

P. C. :

1.

Heard learned Counsel appearing for the Petitioners and learned APP for the State. By this petition filed under Article 226 of the Constitution of India, the Petitioners are seeking a direction to register an FIR on the basis of the Petitioners' letter dated 17th December 2014 [Exhibit-"C" to the petition]. 2.

Mr. Yagnik, learned APP having taken instructions from the police officer concerned, who is present in the Court, states that said complaint of the Petitioners was enquired into by the police and police have arrived at a conclusion that complaint does not disclose the commission of cognizable offence. He further states that the said decision will be communicated to the patilsr 1 / 2

Petitioners within seven days from today. Statement is accepted. 3.

In above circumstances, we find that the Petitioners have an alternate and efficacious remedy of filing a private complaint before the Magistrate. Therefore, this writ petition need not be entertained and it is accordingly dismissed. All points and contentions of the respective parties are kept open. [V. L. ACHLIYA, J.] [RANJIT MORE, J.] patilsr 2 / 2