The Bombay High Court disposed of the writ petition regarding non-registration of an FIR. The Court held that a private complaint is an adequate substitute remedy and declined to entertain the writ petition based on disputed facts.
Petition disposed of with liberty to the petitioner to file a private complaint.
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.
wp1036-13.doc
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1036 OF 2013
Office Notes, Office memorandum of Coram, appearances, Court’s orders or directions & Registrar’s orders.
Court’s or
Judge’s orders.
Mr.P.M.Havnur for the petitioner. Mrs.P.H.Kantharia, APP the Respondent.
CORAM: S.C.DHARMADHIKARI & G. S. PATEL, JJ. DATED: 24th September 2013
P.C.:-
1] Heard Mr.Havnur. Perused the petition.
We are of the opinion that the petitioner has a alternate equally efficacious remedy of filing a private complaint in the event the petitioner is dis-satisfied with the action of the police in not registering an FIR.
wp1036-13.doc
2] There is a dispute on facts and we do not wish to enter into that controversy. Once the petitioner has remedy available in law, then, this petition need not be kept pending. The petition is disposed of with liberty to file private complaint.
(S.C.DHARMADHIKARI, J)
1 issue framed by the court
Whether the High Court should admit the writ petition when the petitioner has an alternate efficacious remedy of filing a private complaint if the police fails to register an FIR.
Petitioner
Respondent
S.C.DHARMADHIKARI
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
