Harendra N. Bhavsar v. The State Of Maharashtra And ORS

sat 1/2 wp 4110-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4110 OF 2015 Harendra N. Bhavsar

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr.S.R. Mishra for Petitioner.

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

Mr.S.J. Chourasia i/b. Ashoka Law Firm for Respondent No.4. CORAM : RANJIT MORE & S.C. GUPTE, JJ.

29 JANUARY 2016 P.C. :

Heard learned Counsel for the Petitioner and learned APP for the State.

The petition is filed seeking direction to Respondent No.3 to register an FIR on the basis of Petitioner's complaint dated 13 January 2014. Mr.Yagnik, learned APP, having taken instructions from the concerned officer, makes a statement that in pursuance of the said complaint, the Petitioner's statement was recorded. The allegations made by the Petitioner were inquired into and conclusion was arrived at. The same does not disclose commission of cognisable offence. This decision is already communicated to the Petitioner. In support of his statement, he placed on record the report of the Senior Police Inspector, Azad Maidan Police Station. In the above circumstances, the Petitioner has an alternative efficacious remedy to approach the Magistrate by way of a private complaint. We, therefore, are not inclined to entertain this petition in exercise of jurisdiction under Article 226 of the Constitution of India. The petition is, accordingly, dismissed.

sat 2/2 wp 4110-2015.doc Needless to mention that in the event, the Petitioner files a private complaint, the same shall be decided independently on its own merits. (S.C. GUPTE, J.) (RANJIT MORE, J.)