Ashok Gangaram Chilme v. The State Of Maharashtra And Others

922-WP-302-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 302 OF 2021 Ashok Gangaram Chilme ..PETITIONER

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. S.B. Gastgar, Advocate for petitioner Mr. S.N. Morampalle, A.P.P. for respondents ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 25th OCTOBER, 2023 PER COURT :

1.

This petition has been filed seeking direction to the police station officer concerned to register the crime based on report filed by the petitioner herein.

2.

Learned counsel for the petitioner adverts our attention to the earlier round of litigation wherein this Court had directed the petitioner to approach the concerned police station with his report. He, accordingly complied therewith, still crime appears to have not been registered. Therefore, he is before us.

3.

In our view, the petitioner has equally efficacious alternate remedy in the nature of an application to solicit order under Section 156(3) 1 / 2

922-WP-302-21.odt of the Code of Criminal Procedure. He may, if so advised, avail the same. Needless to mentioned, if such an application is filed, the Court concerned shall decide the same on its own merits.

4.

With above observations, criminal writ petition stands disposed of. Whatever time has been spent by the petitioner in prosecuting earlier petition before this Court would necessarily get excluded if there is any issue regarding limitation raised by the authorities concerned. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2