Dismissed

Smt Sindhu Keshaorao Rode v. State of Maharashtra Superintendent of Police Nagpur Rural Civil Lines Nagpur and Another

Bombay HC25 Sept 2012WP/368/2012

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking mandatory direction to the police to register an offence, investigate, and file a charge-sheet based on a private report. The court relied on Supreme Court precedents limiting such writs and held the petitioner should approach a circular-complaint under Section 166(3) CrPC instead.

What did the court decide?

Atios writ petition is dismissed summarily with no order as to costs.

Smt Sindhu Keshaorao Rode Vs State of… — Civil Procedure and Limitation | Bombay HC (2012)

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FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR

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CRIMINAL WRIT PETITION NO.368 of 2012.

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Sindhu Keshaorao Rode ..vs.. The State of Mah. through Supdt. Of Police Nagpur & anr.

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Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders or directions & Registrar's orders.

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Mr.K.P.Sadavarte, Adv. for the petitioner.

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Mr.A.S.Sonare, A.P.P. for the respondents.

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C ORAM: P.V.HARDAS AND

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A.P.BHANGALE, JJ. DATED : 25th SEPTEMBER, 2012.

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This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of Mandmus directing the respondents/Police Officers to register an offence against the accused named therein on the basis of the report lodged by the petitioner on 5/4/2012, which is annexed to the petitioner as Annexure IX. The petitioner further prays for issuance of a writ directing the respondents to carry out the investigation and as a part of investigation send the sale deed dated 13/9/2011, which is annexed to the petition as Annexzure VI, to the government handwriting expert for his opinion. The petitioner further prays for issuance of a writ directing the respondents to file a charge-sheet against the accused named in the report.

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The reliefs, which the petitioner has prayed for in this petition, cannot be granted in the light of the Judgment of the Supreme Court in

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the case of Aleque Padamsee and ors. ..vs.. Union of India and or s.

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reported in (2007)6 SCC 171 and Sakiri Vasu ..vs.. State of U.P . reported in AIR 2008 SC 907 .

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In the light of the aforesaid judgment, therefore, according to us, there is no merit in the petition. The petitioner, however, may avail the alternate remedies available to the petitioner in law i.e. of filing of a private complaint under Section 166(3) of Code of Criminal Procedure. Accordingly, this writ petition is dismissed summarily with no order as to costs.

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JUDGE JUDGE.

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chute

Smt Sindhu Keshaorao Rode v. State of Maharashtra Superintendent of Police Nagpur Rural Civil Lines Nagpur and Another

Case brief

What is this about?

What did the court decide?

Smt Sindhu Keshaorao Rode v. State of Maharashtra Superintendent of Police Nagpur Rural Civil Lines Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

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