High Court of Bombay cr. bench dismissed this writ petition seeking direction for FIR registration. It held that the court should not exercise extraordinary jurisdiction as the petitioner has statutory remedies before the Magistrate.
Petition dismissed with liberty to file a complaint if advised.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 2067 OF 2009
Jitendra Narayanbhai Pokar
... Petitioner.
Vs.
Mr. S.S. Shirsat i/by Diwakar Dwivedi for the Petitioner.
Mr. A.S. Gadkari, APP for the State.
CORAM : J. N. PATEL AND A. A. SAYED, JJ. DATE : 05TH NOVEMBER, 2009
P.C. :
our opinion it will not be proper for this court to exercise its extra ordinary jurisdiction in the matter as the petitioner has a remedy provided under the law to file a complaint before the Magistrate having jurisdiction over the subject matter.
(J. N. Patel, J)
(A.A. Sayed,J)
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2 issues framed by the court
Whether the High Court should exercise extraordinary jurisdiction to direct registration of an FIR in a case involving civil dispute allegations.
Availability of alternative remedies under law for filing a police complaint before the Magistrate.
Jitendra Narayanbhai Pokar
Mr. Prakash Mavani & Others
J. N. Patel
A. A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
