Bharat Surendra Patil v. The State Of Maharashtra And Others

1 CrWP.541.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO. 541 OF 2022 Bharat Surendra Patil

...Petitioner

Versus

The State of Maharashtra and Others

...Respondents

.....

Mr. Shailesh P. Brahme h/f. Mr. Bipinchandra Keshavrao Patil, Advocate for the petitioner Mr. A.S. Shinde, AGP for the Respondent / State. .....

CORAM : C. V. BHADANG & SANDIPKUMAR C. MORE, JJ.

DATE : JULY 7, 2022 PER COURT : - .

By this petition, the petitioner is seeking a direction to the police authorities to register an offence on the basis of the written complaints dated 14.02.2020, 24.12.2020, 22.06.2021 and 28.03.2022.

2.

The petitioner claims to be the Member of the trust, which is running a Secondary and Higher Secondary School. According to the petitioner, approvals were obtained in respect of two assistant teachers working in the school on the basis of false and fabricated documents. The learned Counsel for the petitioner

2 CrWP.541.2022 submitted that no cognizance of the complaint was taken and hence, as per the direction of this Court in the earlier round of the petition a copy of the complaint was addressed to the Superintendent of Police and even thereafter no action was taken. He, however, submitted that a complaint was made to the Deputy Director of Education, who has cancelled the approval. 3.

Be that as it may, we find that the petitioner has an efficacious statutory remedy of approaching the learned Magistrate under Section 156 (3) of the Cr.P.C. In the result, we decline to entertain the petition and it is accordingly disposed of. The petitioner may avail the remedy under Section 156 (3) of Cr.P.C., if so advised.

4.

The amount of Rs.50,000/- deposited by the petitioner along with interest, if any, be paid to the petitioner. SANDIPKUMAR C. MORE, J.

C. V. BHADANG, J.

GGP