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Bombay High CourtWP/771/2021disposed off

Mr. Sanjay S/O Bhimrao Kathawate v. The Commissioner Of Police Nagpur City And 9 Others

2024-02-01Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2024:BHC-NAG:1384-DB 1 916-Cri.WP No.771.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.

OF Mr. Sanjay S/o Bhimrao Kathawate ..VS..

The Commissioner of Police, Nagpur City and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.P. Bhandarkar, Advocate for petitioner. Mr. S.S. Doifode, A.P.P. for respondent Nos.1 and 2. CORAM : VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ. DATED : 01 st FEBRUARY, 1.

Heard.

2.

The petitioner has filed a complaint to the police, however, it is his grievance that no cognizance has been taken. Learned APP would submit that the enquiry was conducted on which, the application came to be filed. 3.

It reveals that the police declined to take cognizance. The factual scrutiny is needed which can be done in the mode and manner provided under the Code of Criminal Procedure.

4.

In view of above, we are not inclined to entertain the petition however, the petitioner is at liberty to approach the Magistrate either for seeking direction under Section 156(3) of the Code of Criminal Procedure, or to file a private complaint.

2 916-Cri.WP No.771.2021 5.

With the above directions, the petition stands disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.) Kirtak