Bombay High CourtWP/204/2019dismissed

Gajanan S/O. Kisanrao Bhadke v. State Of Maharashtra Thr. The Secretary, Ministry Of Home Department And Othrs.

2019-09-20Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 36wp204.19 0IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 204 OF 2019 Gajanan S/o Kisanrao Bhadke ..Vs..

State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Malode, Advocate for the petitioner. Mrs. S.S. Jachak, A.P.P. for respondent Nos. 1 to 3 / State. Shri R. Tajne, Advocate for respondent No. 4 and 5. Shri S.S. Bhalerao, Advocate for respondent No. 6. Shri D.M. Kale, Advocate for respondent No. 7. Shri Bhushan Dafle, Advocate for respondent Nos. 10 to 15. CORAM :

Z.A. HAQ AND PUSHPA V. GANEDIWALA, JJ DATED :

th SEPTEMBER, 2019 Heard.

The petitioner in this petition claims the following relief :

"issue appropriate writ, order or direction to the respondent Nos. 1 to 6 to initiate criminal prosecution for the offences punishable under Section 420, 408, 409, 468, 469, 471 read with 34 of IPC and so also under the other relevant provisions of the IPC against the respondent Nos. 7 to 15 on the basis of the written complaints submitted by petitioner on 31.10.2017 before the respondent Nos. 2 to 6 and allow this petition."

2 36wp204.19 Learned Additional Public Prosecutor submits that for this relief, provision of Section 156(3) of the Code of Criminal Procedure is available as an equally efficacious remedy to the petitioner.

We find substance in this submission. It appears that the petitioner has approached this Court without first taking recourse to remedy as is available under law.

In that view of the matter, we are not inclined to consider this petition at this stage. Petitioner is at liberty to avail appropriate remedy as available under law, if so advised.

If the petitioner prefers an application within one month from today, the learned Judicial Magistrate shall decide the same within a period of three months thereafter.

JUDGE JUDGE D.S.Baldwa