Pandharinath Jagan Phadke v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.216 OF 2023 Pandharinath Jagan Phadke Petitioner versus The State of Maharashtra and others Respondents Mr.Nitin Sejpal, Advocate for Petitioner.

Mrs.S.D.Shinde, APP, for State.

CORAM : A.S.GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 16th January 2023 PC :

1.

By the present Writ Petition, the Petitioner is seeking registration of crime on the basis of his complaint against certain persons.

2.

Petitioner has substantive alternate remedy available under the provisions of Code of Criminal Procedure and without availing such a remedy, Petitioner has directly approached this Court. It is the settled principle of law and as has been reiterated by Hon' ble Supreme Court, in its decision in the case of M.Subramaniam and another Vs. S.Janaki and another, reported in (2020)16-SCC-728 that, petition under Article 226 of the Constitution of India for MANISH SURESH THATTE by MANISH SURESH THATTE Date: 2023.01.20 10:15:57 +0530 lodgment of crime is not maintainable.

3.

In view of the above, learned Advocate for the Petitioner seeks

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Leave and liberty granted.

4.

Petition is disposed off as withdrawn with aforesaid liberty. (PRAKASH D. NAIK, J.) (A.S.GADKARI, J.) MST