Hanumant Narharrao Domkalvar v. The State Of Maharashtra And ANR

10 wp.944.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 944 OF 2015 HANUMANT NARHARRAO DOMKALVAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioner : Mr. Shambhuraje V. Deshmukh. APP for Respondents: Mr. A. S. Shinde.

...

CORAM :

A. B. CHAUDHARI & INDIRA K. JAIN, JJ.

DATE :

02nd September, 2015.

Per Court:

Heard the learned counsel for the rival parties. Following is the prayer clause (c) of the present writ petition: "(c) By issuing appreciate Writ, Order or Directions, the Respondents may kindly be directed to register a crime in pursuance to Misc. Criminal Application No. 74 of 2014 and order dated 2.7.2014 passed u/s 156 (3) of Cr.P.C. by the Ld. J.M.F.C., ParaliVaijinath and transfer the investigation of the crime to any other appropriate authority including Central Bureau of Investigation or Economic Offence Wing

10 wp.944.15.odt as since last more than one year the Respondents have failed to register a crime and investigate the same inspite of the order dated 2.7.2014 passed by the Ld. Judicial Magistrate First Class, ParaliVaijinath u/s 156(3) of Criminal Procedure Code." Perused the order dated 2nd July 2014, made under Section 156

(3) of the Code by the learned JMFC. The grievance of the Petitioner is that no offence is registered pursuant to the said order. We make it clear that it is for the concerned Police Officer to follow the order. We, therefore, dispose of the writ petition with liberty to the Petitioner to approach the competent Court for making grievance about nonregistration of FIR. [ INDIRA K. JAIN, J. ] [ A. B. CHAUDHARI, J. ] ndm