Mrs Suman Hiraman Nikam v. State Of Maharashtra

dtg 30-Wp-6447-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 6447 OF 2025 Suman Hiraman Nikam ... Petitioner V/s.

State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Ramchandra N. Kachave for Petitioner.

Mr. Amit A. Palkar, A.P.P. for Respondent-State. Mr. Jitendra Gautam a/w Mr. Amit G. Dubey for Respondent No.4. ______________________________________ CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE, JJ.

DATE : 2nd December 2025 P.C. :

1) This Petition under Article 226 of the Constitution of India, is for lodgment of crime on the basis of complaint dated 29th July 2025, submitted by the Petitioner with Dindori Police Station, Taluka Dindori District Nashik, of which cognizance has not been taken by the concerned Police 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 that, 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 1/2

dtg 30-Wp-6447-2025.doc jurisdictional Magistrate.

3) In view thereof, learned Advocate for the Petitioner on instructions seeks leave to withdraw Petition with liberty to file a private complaint before the jurisdictional Magistrate, on the basis of her complaint dated 29th July 2025, as may be permissible in law. 3.1) Leave and liberty granted.

4) Disposed off as withdrawn with aforesaid liberty.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