Prakash Mangal Kambere v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.406 OF 2026 Prakash Mangal Kambere, ] R/o. Wavaloli, Tal. Karjat, Dist. Raigad ] .. Petitioner

Versus

1. State of Maharashtra, ] Through Department of Home ]

2. Senior Police Inspector, ] Karjat Police Station, Dist. Raigad ]

3. Superintendent of Police, Raigad, ] Alibaug, Dist. Raigad ]

4. Mukesh Ramlal Bhatia, ] R/o. Sion (West), Mumbai ]

5. Usha Ashok Johari, ] R/o. Mahim, Mumbai ]

6. Tarun Rajkumar Malhotra, ] R/o. Khanda Colony, New Panvel ]

7. Sarala Anil Agrawal, ] R/o. Andheri (West), Mumbai ] .. Respondents Mr. Keshav Patil, Advocate for the Petitioner. Mrs. M.M. Deshmukh, In-Charge Public Prosecutor with Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.1. CORAM : SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE : 2ND FEBRUARY 2026.

PER, GAUTAM A. ANKHAD, J.

The petitioner has filed this petition seeking the following reliefs:

"a.

This Hon'ble Court to issue a writ of mandamus or any other writ may deem fit so directing respondent nos.1 to 3 to register an FIR on the basis of the petitioner's complaints dated 10th December 2025;

b.

This Hon'ble Court may pleased to direct the respondents to conduct a fair, impartial and time-bound investigation into the 1/2 10-WP-406-2026.doc Dixit

offences committed in respect of Survey Nos.9/8 and 45/2 of village Umroli;

c.

This Hon'ble Court may pleased to transfer investigation to a senior or independent officer if this Hon'ble Court deems fit; d.

This Hon'ble Court may pleased to call for records relating to the impugned sale deeds and mutation entries." 2.

The petitioner asserts that the ancestral property originally belonged to one Ambo Ghare. It is stated that Laxman Ambo Ghare was the head of the family (Karta) and managed its affairs, and that all members were residing jointly as a Hindu Undivided Family. Disputes subsequently arose among the family members, following which certain changes were effected in the revenue records at the instance of some members. We are informed that appeals challenging those changes are presently pending before the Collector. In the meantime, certain members are stated to have executed sale transactions on 24th August 2012 selling some portions of the property and forged documents to the detriment of the petitioner and other legal heirs of Ambo Ghare. Mr. Keshav Patil, learned counsel for the petitioner, submits that despite several representations to the police authorities, First Information Report has not been registered till date.

3.

Having perused the record, we find no merit in the petition. The dispute, as presented, appears to be arising out of inter se claims between family members in respect of ancestral property. The petitioner has an efficacious alternate remedy in law if an FIR is not registered by the police. In the circumstances, Writ Petition no. 406 of 2026 is dismissed. It is clarified that we have not examined the merits of the matter.

[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] Digitally signed by SNEHA ABHAY DIXIT Date:

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