In a criminal writ petition challenging FIR registration and seeking investigation directions, this court held that quashing does not arise as the FIR discloses cognizable offences. The petition failed because the petitioner had an alternative efficacious remedy of approaching the Magistrate.
Petition rejected; no relief granted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2753 OF 2004
Ramesh Ramchandra Sonawane .. Petitioner
Versus
Sr. Police Officer, Jaikheda
Police Station & Ors. .. Respondents
Mr.Ramesh Dubepatil i/b M/s. Jay & Co. for petitioner
Mr.S.R.Shinde, APP for State
CORAM : R.M.S.KHANDEPARKER &
P.V.KAKADE, JJ.
DATE : 3RD MARCH, 2005.
P.C.
. The petitioner prays for direction to some
Senior Officer of CID Maharashtra Police to carry out
the investigation in the matter of alleged harassment to
the Petitioner at the hands of Respondent Nos.1 and 2,
further regarding illegality of registration of
C.R.No.114 of 2004 and C.R.No.124 of 2004 by Respondent
No.1 and further for quashing of the said CRs as well as
for direction to the Respondent no.1 Police Station to
register F.I.R. against Sunil Thakre for allegedly
assaulting and abusing the petitioner.
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2. As regards the question of quashing of FIR the
same does not arise, as on the face of FIR it discloses
cognizable offences and therefore question of quashing
of the said FIR does not arise. As regards the request
for direction to some Senior Officer of CID Maharashtra
Police to carry out the investigation into the matter of
alleged harassment to the petitioner and for direction
to registration of FIR for alleged assaulting and
abusing against Sunil Thakre, the petitioner has
alternate efficacious remedy in the form of filing
complaint before the Magistrate and petitioner can
certainly approach the Magistrate. Neither in the
petition nor in the course of argument there is any
explanation has been given as to why the Petitioner has
not approached the Magistrate in that regard. In view
of the fact that the alternative efficacious remedy is
available, the question of granting of such reliefs does
not arise, and hence the Petition is rejected.
(R.M.S.Khandeparkar, J.)
: 3 :
(P.V.Kakade, J.)
1 issue framed by the court
Whether the petition for quashing of FIR and direction to register new FIR should be allowed in light of availability of alternative efficacious remedy.
1 provisions across 1 enactments
Ramesh Ramchandra Sonawane
Sr. Police Officer, Jaikheda Police Station
R.M.S.Khandeparkar
P.V.Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court