Roshan Janardhan Payaal v. State Of Maharashtra And ANR

33-APL.300.2025.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 300 OF 2025 Roshan Janardhan Payaal } Applicant versus The State of Maharashtra & Anr.

} Respondents Ms. Sonia Santis i/b. Mr. Umar Kazi, Advocates for the Applicant.

Ms. G. P. Mulekar, APP for State.

Mr. Arjun P. Dandegaonkar, PSI, Khadakpada Police Station present.

CORAM:

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

DATE:

10th SEPTEMBER 2025 P.C.:

The grievance of the petitioner is that the police did not carry out investigation in a proper manner and the charge sheet was laid without adding the offences under sections 3(2)(v), 3(1)(r) and 3(1)(s) of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2.

In our opinion, on such a grievance this writ petition shall not lie because the petitioner has adequate remedy in law of filing a protest petition in the Court concerned. Even otherwise, this Court while exercising powers under section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 shall have no jurisdiction to issue a direction to the police or the concerned Court to add a new offence or an additional offence.

3.

Writ Petition No. 300 of 2025 is disposed of with liberty to the petitioner to avail of appropriate remedy as may be available to him JAYANT VISHWANATH SALUNKE in law.

JAYANT VISHWANATH SALUNKE Date: 2025.09.12 10:49:23 +0530 [GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]