Avinash S/O Chandrakant Marathe v. The State Of Maharashtra And Others

Criminal W.P. No.673/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.673 OF 2015 Avinash s/o Chandrakant Marathe ...

PETITIONER

VERSUS

The State of Maharashtra & anr.

...

RESPONDENTS .....

Shri R.S. Shinde, Advocate holding for Shri N.L. Choudhari, Advocate for petitioner Shri A.V. Deshmukh, A.P.P. for State .....

CORAM:

S.S. SHINDE AND A.I.S. CHEEMA, JJ.

DATED:

1st July, 2015.

ORAL ORDER :

1.

Heard. It is the submission of the counsel for the petitioner that the complaint addressed to the Police Inspector, Nandurbar City Police Station, Nandurbar, dated 11.4.2015 is not registered. No cognizance of the said complaint is taken by the said officer. Therefore, this writ petition is filed seeking directions to the said officer to take cognizance of the said

Criminal W.P. No.673/2015 complaint.

2.

The learned A.P.P. appearing for the State submits that, after registering the offence against the petitioner and other co-accused, afterthought belatedly complaint is filed on 11.4.2015 by the petitioner, which needs no consideration. 3.

We have heard the counsel for the petitioner, learned A.P.P. for the State and also perused the provisions of Section 154 of the Criminal Procedure Code. In case the concerned police officer has refused to accept the complaint of the petitioner, or not attended the said complaint, there is remedy under Section 154(3) of the Criminal Procedure Code. In that view of the matter, leaving open the said remedy, this petition stands disposed of.

(A.I.S. CHEEMA, J.) ( S.S. SHINDE, J.) fmp/cwp673.15