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Bombay High CourtWP/6095/2025disposed off

Rehana Abdul Kaleem Khan v. State Of Maharashtra And ANR

2025-11-25Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Shri Justice Ranjitsinha Raja Bhonsale2 pages

SKN 19-WP-6095.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 6095 OF 2025 Mrs.Rehana Abdul Kaleem Khan.

...

Petitioner.

V/s.

The State of Maharashtra and another.

...

Respondents.

______________________ Mr.Rajesh Tekale with Prajyot Shinde for the Petitioner. Mr.Ajay S. Patil, A.P.P. for the Respondent- State. ______________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE :

25th NOVEMBER 2025.

SANJAY KASHINATH NANOSKAR P.C.:- SANJAY KASHINATH NANOSKAR Date: 2025.12.06 18:11:38 +0530 1) This Petition under Article 226 of the Constitution of India, is for lodgment of crime on the basis of complaint dated 8th August 2020 and reminder letter dated 14th July 2025 submitted by the Petitioner with the concerned police station, of which cognizance has not been taken by the concerned 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 and another v. S. Janaki and another reported in (2020) 16 SCC 728 that the Petition under Article 226 of the Constitution of India for lodgment of crime is not maintainable. However, the Petitioner is having remedy of filing a private complaint before the jurisdictional Magistrate. 1/2

SKN 19-WP-6095.25.doc 3) In view thereof, learned Advocate for the Petitioner seeks leave to withdraw Petition with liberty to file private complaint before the jurisdictional Magistrate, on the basis of his complaint dated 8th August 2020.

3.1) Leave and liberty granted.

4) Disposed off as withdrawn, with aforesaid liberty. (RANJITSINHA RAJA BHONSALE, J.) (A.S. GADKARI, J.) 2/2