Yuvraj Dhondu Bhadane v. The State Of Maharashtra And ORS

Sherla V.

23_wp.6282.2019.doc VISHWANATH SATYANARAYANA SHERLA Date: 2021.09.22 16:34:51 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE VISHWANATH SATYANARAYANA SHERLA CRIMINAL WRIT PETITION NO.6282 OF 2019 Yuvraj Dhondu Bhadane ... Petitioner Vs.

State of Maharashtra & others ... Respondents Mr.N.R. Bubna for the Petitioner Mr.K.V. Saste, APP, for Respondent - State CORAM: S.S. SHINDE & N.J. JAMADAR, JJ.

DATED: SEPTEMBER 22, 2021 P.C.:

1.

Heard the learned Counsel appearing for the petitioner. He invites our attention to the contents of the complaint and submits that since a cognisable offence is disclosed, the concerned police officer was bound to register the First Information Report. 2.

Learned APP appearing for the Respondent - State vehemently opposed the prayers in the petition. He submits that the entire controversy arose out of a dispute over promotion of employees and, therefore, it may not be appropriate to issue directions to the concerned police officer to register the First Information Report.

23_wp.6282.2019.doc 3.

Upon careful perusal of the contents of the complaint and documents placed on record, it prima facie appears that the dispute arose during the process initiated for granting promotions about the eligibility of interested candidates, who were desirous of promotion to the higher posts on the concerned establishment. In our opinion, it would not be appropriate to invoke our extraordinary jurisdiction in the facts of this case and issue mandatory directions to the concerned police. In that view of the matter, we are unable to persuade ourselves to grant any relief to the petitioner. However, the petitioner is free to avail of an appropriate remedy as available in law for redresal of the grievances raised in the petition. 4.

In the light of the above, the petition stands rejected. (N.J. JAMADAR, J.) (S.S. SHINDE, J.)