Vinod S/O Balbhadra Goenka v. The State Of Maharashtra Through Officer In Charge Of Ps Pardi Nagpur And Other

2024:BHC-NAG:11586-DB 1 4

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.827 OF 2024 VINOD S/O BALBHADRA GOENKA VS THE STATE OF MAHARASHTRA THROUGH OFFICER IN CHARGE OF PS PARDI NAGPUR AND OTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R. Chhabra, Advocate for the applicant/s Mr. Nikhil Joshi, APP for the State CORAM: VINAY JOSHI AND ABHAY J. MANTRI, JJ.

DATED : 15/10/2024.

Heard.

It is petitioner's grievance that the petitioner has filed complaint against the respondent Nos.2 to 4 on 27.01.2024 to the police, however, cognizance was not taken.

Being aggrieved, the petitioner had applied to the jurisdiction of the Magistrate in terms of Section 156(3) of the Criminal Procedure Code (CrPC), seeking directions to investigate the matter.

The learned Magistrate after considering the matter was pleased to disincline to issue directions in terms of Section 156(3) of the CrPC, however, by taking the cognizance of the complaint, directed the petitioners to appear for verification so as to initiate further steps by treating the application as private complaint. In the wake of the above decision, the petition seeks directions to register the offence and investigate the matter. Already the petitioner has applied to the judicial forum, on

2 4 which by passing the reasoned order, the learned Magistrate has shown non-inclination to issue such directions. In the circumstances, if the petitioner is not satisfied about the order of learned Magistrate to the extent of disinclination to issue directions, he may seek appropriate remedy, as permissible under the law.

The writ petition is disposed of in the above terms. (ABHAY J. MANTRI, J.) (VINAY JOSHI, J.) ND.THAWRE PA Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge Date: 16/10/2024 18:25:29