Dismissed

Ashok G. Parab and Ors. v. the State of Maharashtra and Ors.

Bombay HC22 Mar 2011WP/422/2010

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a Writ Petition seeking mandamus to direct police registration of an offence. Citing Supreme Court precedents, the Court held that aggrieved persons must approach Magistrates under CrPC Section 156(3) and refused to interfere.

What did the court decide?

Writ of mandamus directing registration of offence dismissed; Petitioner to avail remedies under Section 156(3) CrPC.

Ashok G. Parab and Ors. Vs the State of Maharashtra and Ors. — Quashing and FIR | Bombay HC (2011)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.422 OF 2010

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Mr. Ashok G. Parab & ors.

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....Petitioners.

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Vs.

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The State of Maharashtra & ors.

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....Respondents.

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Mr. Bhushan Walimbe, advocate for petitiioners.

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Mr. P.A.Pol, PP with Mrs. M.H.Mhatre, APP for Respondent-State.

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Mr. M.V.Pandey, advocate for Respondent Nos. 3 to 6.

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CORAM:- P.V.HARDAS AND M.N.GILANI, JJ

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DATED:- MARCH 22, 2011

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P.C.

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This is a Petition under Article 226 of the Constitution of India by which

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the Petitioners pray for issuance of writ of mandamus directing the respondent to register an offence against accused named in the complaint on the basis of the

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complaint filed by the Petitioners.

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2 It appears that during the pendency of this Petition, the Division Bench of

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this Court by its order dated 21^st July, 2010 had permitted the present Petitioners

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to submit necessary memorandum before the High Power Committee and had also directed the High Power Committee to decide the said memorandum submitted by the Petitioners. Pursuant thereto, the report of the High Power Committee has been received. In any event the report of the High Power Committee is not the subject matter of the challenge in the present Petition. As pointed by us, the limited relief that the Petitioner has sought for in this Petition is to issue writ of mandamus and directing the respondent-police to register the offence on the basis of the complaint submitted by the Petitioners.

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3 The reference in this behalf may usefully be made to the Judgments of the Supreme Court in ‘Aleque Padamsee Vs. Union of India' 2007 (6) SCC 171 and `Sakiri Vasu Vs. State of Uttar Pradesh and others' AIR 2008 SC 907. In the said judgment, the Supreme Court has held that person who has aggrieved by the non-registration of the offence has remedies available to him under the law by filing either private complaint or approaching Magistrate under section 156(3) of the Code of Criminal Procedure. In the light of the matter, therefore, we are not inclined to interfere in the matter. Accordingly, this Writ Petition is dismissed relegating the Petitioner to avail the remedies available to them in law. Since the report of the High Power Committee is not subject matter of challenge in the present Petition, the Petitioners may resort to such remedies as are

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available to the Petitioners in law for challenging the said report.

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4 The Writ Petition is accordingly dismissed with aforesaid liberty and directions.

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(M.N.GILANI, J)

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(P.V.HARDAS, J)