← Library
Bombay High CourtWP/5132/2025dismissed

Mayashankar Mataprasad Pandey v. Kannsingh Rajpurohit And ORS

2025-10-06Hon'Ble The Chief Justice , Hon'Ble Shri Justice Gautam A. Ankhad2 pages

22-WP.5132.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5132 OF 2025 Mayashankar Mataprasad Pandey } Petitioner versus Kannsingh Rajpurohit & Ors.

} Respondents Mr. Amresh Sharma, Advocate for the Petitioner. Mr. S. V. Gavand, APP for Respondent No. 11.

PSI Ashlesha D. Ghatage, MFC Police Station present.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

6th OCTOBER 2025 P.C.:

Vide order dated 26th August 2021, the Judicial Magistrate First Class (Court-I), Kalyan passed the following directions: - "01] Prayer for direction under section 156(3) of the Code of Criminal Procedure is rejected.

02] The matter be kept for verification under section 200 of the Code of Criminal Procedure.

03] Concerned is directed to re-register the matter as complaint case."

2.

Against the aforesaid order, the petitioner filed revision application being Revision Application No. 72 of 2021 in which the revisional Court on 8th October 2024 passed the following order: - ".....

13.

Keeping in mind the above legal proposition procedure adopted by Ld. Trial Court to treat the application as complaint after rejection of prayer u/s. 156(3) of the Cr.P.C. cannot said to be perverse or illegal. The Ld. Trial Court correctly proceed u/s. 200, 202 of the Cr. P.C. Therefore, the present revision petition is liable to be rejected. Considering all these factors, I record my findings to point no. 2 in the affirmative, point no. 3 in the negative and proceed to pass the following order.

22-WP.5132.2025.doc

ORDER

"The Criminal revision petition is dismissed." 3.

The aforesaid order is not challenged by the petitioner in this writ petition. Still, the petitioner seeks a direction to register First Information Report.

4.

Clearly, this writ petition is misconceived and dismissed JAYANT VISHWANATH SALUNKE accordingly.

JAYANT VISHWANATH SALUNKE Date: 2025.10.13 10:53:29 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]