The petitioner challenged non-registration of a case and inaction by police. The Court held that the appropriate remedy is approaching the Magistrate. The petition was allowed to be withdrawn and dismissed.
Petition allowed to be withdrawn and dismissed with liberty to approach the concerned Magistrate for redressal.
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.
907-WP-1966-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1966 OF 2012
IRSHAD ABDUL SALAM ANSARI )...PETITIONER
V/s.
THE STATE OF MAHARASHTRA & ORS.
)...RESPONDENTS
Mr.Vishwasrao Deokar a/w. Ms.Meenal Deshmukh i/b. M/s.K.R.Tiwari & Co. Advocate for the Petitioner.
Mrs.S.V.Sonawane APP for the State.
CORAM: ABHAY M. THIPSAY, J.
DATE : 25th JULY, 2013.
P.C. :
1 Heard Mr.Vishwasrao Deokar, the learned counsel for the applicant, and Mrs.S.V.Sonawane, the learned APP for the State.
2 The basic grievance of the petitioner is that the Police Officers from Oshiwara Police Station are not registering the case on the reports lodged by him, though the reports disclose commission of cognizable offences; and that, they are deliberately declining to take action against the respondent nos.6 and 7 herein.
3 If this is the grievance, the petitioner has a remedy – of approaching the concerned Magistrate by making an appropriate complaint / application.
avk 1/2
907-WP-1966-2012
4 When this aspect of the matter is discussed in the course of arguments, the learned counsel for the petitioner seeks permission to withdraw the petition, stating that he would avail of the remedy of approaching the Magistrate, by an appropriate complaint / application.
5 The petition is allowed to be withdrawn and stands dismissed as such, with liberty to the petitioner to approach the concerned Magistrate for redressal of his grievance, in accordance with law.
6 If any complaint / application is made by the petitioner, the learned Magistrate shall deal with the same expeditiously.
7 The petition is disposed of in the aforesaid terms.
(ABHAY M. THIPSAY, J.)
avk 2/2
2 issues framed by the court
Whether the High Court should intervene when police officers are not registering a case or taking action against accused.
Whether the appropriate remedy lies in approaching the Magistrate instead of filing a writ petition.
IRSHAD ABDUL SALAM ANSARI
THE STATE OF MAHARASHTRA
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
