Nandkishor Uddhavrao Mane v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CRIMINAL WRIT PETITION NO.815 OF 2023 NANDKISHOR UDDHAVRAO MANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Nitin Bhavar Patil i/b M/s. LLP Advocate And Legal Consultancy APP for Respondent No.1: Mr. P.G. Borade .....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 11th JULY, 2023.

PER COURT :- 1.

Heard.

2.

This petition has been filed seeking direction to the police station officer to register the crime/F.I.R. and investigate the same. 3.

Admittedly, the petitioner presented written communication/ F.I.R. on 21.4.2023 but the concerned Police Station Officer did not register the crime. The petitioner then approached the Superintendent of Police. Since the grievance of the petitioner has not been redressed, the petitioner is now before this court. He relies on the judgment of the Apex Court in Lalita Kumari versus Government of Uttar Pradesh and others, reported in (2014) 2 SCC 1 to submit that once the F.I.R. discloses cognizable offence, the police station officer will have no option but to register the F.I.R.

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There can be no view over what has been submitted by the learned advocate. In our view, the petitioner has equally efficacious remedy in the nature of approaching the Court of concerned learned Judicial Magistrate, First Class and seek order under Section 156(3) of Cr.P.C.. In view of the same, we relegate the petitioner to avail the said remedy.

5.

In view of the above, with the aforesaid liberty, this petition stands disposed.

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/