Sau. Vijaya W/O Keshav Bhonde v. The State Of Maharashtra, Through Its Secretary, Home Department, Mumbai And 2 Others

1 wp127.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Writ Petition No. 127 of 2014 [Sau. Vijaya w/o Keshav Bhonde Vs. The State of Maharashtra through its Secretary, Home Dept. and ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri S. J. Khandalkar, Advocate for petitioner Shri Sashibhushan Wahane, Advocate for respondent no. 3 Shri S. M. Uke, APP for the State/respondent nos. 1 and 2 CORAM : A.B. CHAUDHARI AND P.N. DESHMUKH, JJ.

DATE : 16-01-2015.

Heard learned counsel for the parties.

Shri Khandalkar, learned counsel for the petitioner submits that the petitioner was assaulted by the concerned Police Inspector, respondent no. 3 and report was also lodged to the concerned Police Station, but no cognizance has been taken. There is a medical report also showing that the petitioner was assaulted. The learned counsel for the petitioner, in all fairness,

2 wp127.14 states that the offence under Section 323 of the Indian Penal Code at the most was made out and should have been registered.

We find that in case of offence under Section 323 of the Indian Penal Code, the same is noncognizable and therefore, the FIR could not have been registered. In that view of the matter, we dispose of the present writ petition with liberty to the petitioner to take such steps as are available in law.

Judge Judge wasnik