Vaishnavi Sujit Nimbalkar v. Inspector General Of Police And ORS

Osk 5-Wp-1704-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1704 OF 2021 Vaishnavi Sujit Nimbalkar ... Petitioner V/s.

Inspector General Of Police & Ors.

... Respondents Mr.Rahul B. Khot for Petitioner.

Ms.M.H. Mhatre, A.P.P. for Respondent-State.

CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ.

DATE : 9th February 2023.

P.C. :

1.

Petitioner has approached this Court without availing substantive alternate remedy available at his command. Even otherwise Petition is hit by delay and latches. Petitioner is seeking lodgment of crime in pursuance of letters dated 10th December 2014 and 31st January 2015 issued by certain Authorities.

2.

It is the settled position of law and as has been reiterated by the Hon'ble Supreme Court in the case of M. Subramaniam & Anr. Vs. S. Janaki & Anr., reported in (2020) 16 SCC 728, the Petition for lodgment of crime is not maintainable.

3.

In view thereof, Petition is disposed off by reserving the liberty to Petitioner to avail alternate remedy, if available and permissible under the law. [ PRAKASH D. NAIK, J. ] [ A.S. GADKARI, J. ] by OMKAR SHIVAHAR KUMBHAKARN Date:

2023.02.14 10:23:31 +0530 1/1 OMKAR SHIVAHAR KUMBHAKARN