The Bombay High Court rejected a criminal writ petition, holding that since the lodged complaints were non-cognizable (NC), the petitioner has an alternative efficacious remedy of approaching the learned Magistrate.
The petition is rejected and no direction to register complaints or investigate was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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(G.C.P.)J 455 (5,00,000)-11.2001) Spl-H.C.,A.S.,C.D.,78e
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.590 OF 2005
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Office Notes, Office Memoranda Court’s or Judge’s orders
of Coram, appearances, Court’s
order or directions and
Registrar’s order.
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Shri Nivas Kamble with Shri A.M.Saraogi for
the petitioner.
Shri I.S.Thakur, APP for the respondents.
CORAM: R.M.S.KHANDEPARKAR
&
P.V.KAKADE, JJ
DATED: 17th March, 2005.
P.C.
1. Heard. Undisputedly, the complaints
lodged by the petitioner were registered as
NC complaints on account of non-disclosure
of cognizable offence in the complaints.
Being so, the petitioner has alternative
efficacious remedy of approaching the
learned Magistrate with necessary complaint,
and as such, there is no question of
directing the respondent No.1 to register
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the complaints or to investigate into the
matter. The petition is therefore rejected.
(R.M.S.KHANDEPARKAR, J )
(P.V.KAKADE, J )
1 issue framed by the court
Whether the High Court should direct the police to register an FIR or investigate when the complaint is non-cognizable.
Petitioner
Respondent No.1
R.M.S. Khandeparkar
P.V. Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court