Dwarkabai Wo Damduji Dakhole v. State Of Maharashtra, Throught Its Superintendent Of Police, Nagpur Rural Dist. Nagpur

2024:BHC-NAG:11820-DB 1 05-wp 847.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRI.WRIT PETITION NO. 847 OF 2024 ( Smt.Dwarkabai w/o Damduji Dakhole vs. State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Nikhil Tekade, Advocate for the applicant. Ms.Sneha Dhote, Assistant Government Pleader for the respondent Nos.1 and 2.

CORAM : VINAY JOSHI AND ABHAY J. MANTRI , JJ.

ATE : OCTOBER 18 , 2024 1) Heard learned Counsel for the parties.

2) The petitioner has lodged a report dated 12/06/2024, wherein she alleges that her near relatives have abused, pushed and gave threats to her on account of marking of the agricultural land. It is the petitioner's grievance on the basis of said information Police did not conduct enquiry, but registered a non-cognizable offence under Section 323, 504 and 506 of the Indian Penal Code, 1908. According to the petitioner, the offence committed under Section 350(d) of the IPC which is cognizable offence, however, no action was taken by the Police officials.

3) Bare reading of non-cognizable offence information report it reveals that the Police have registered offence under Section 323, 504 and 506 of IPC, which are non-cognizable in nature. Prima facie we cannot see any material to hold that the offence of cognizable nature has been made out the petitioner is at liberty to approach Magistrate for appropriate relief. In view of that petition stands disposed of.

( ABHAY J. MANTRI, J. ) ( VINAY JOSHI, J. ) KOLHE