Ramchandra Narayan Kachave v. The State Of Maharashtra And ORS

9 wp 4082.16.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4082 OF 2016 Mr. Ramchandra Narayan Kachave ....Petitioner versus The State of Maharashtra and ors.

....Respondents Mr. Manas Mohanty, advocate for the petitioner. Mrs. Aruna S. Pai, APP for the State.

CORAM : RANJIT MORE & SMT.ANUJA PRABHUDESSAI, JJ.

DATE : 18th APRIL, 2017.

P. C. :

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petition is filed by the petitioner seeking direction to respondent Nos. 1 to 3 to register FIR on the basis of the petitioner's complaint dated 23rd September, 2016, a copy of which is annexed at "Exhibit A". Learned APP stated that after holding preliminary enquiry, Bhandup Police Station, came to the conclusion that the dispute which is raised by the petitioner is of civil nature and, accordingly, the petitioner was communicated by a letter dated 11th October, 2016. A copy of the said communication is also annexed at "Exhibit B". Shubhada S Kadam 1/2

9 wp 4082.16.doc 3.

In the above circumstances, the petitioner has an alternative remedy to approach the concerned magistrate by way of private complaint, if he so desires. We are, therefore, not inclined to entertain this petition in exercise of extraordinary jurisdiction conferred upon this Court under Article 226 of the Constitution of India. The writ petition is, accordingly, dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2