Petitioner sought direction to police to register an offence. Court noted dispute was found civil during preliminary inquiry and directed petitioner to exhaust alternative remedy of filing a private complaint before the Magistrate.
Petitioner directed to file private complaint before concerned Magistrate.
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suresh
905-WP-2894.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE – CRIMINAL
WRIT PETITION NO.2894 OF 2014
Gowardhan Jagannath
Chavarepatil.... Petitioner
Vs.
The State of Maharashtra
& Others.... Respondents
Mr. Vijay Killedar for the Petitioner.
Mr. J.P. Yagnik, APP, for the State.
Mr. V.A. Madane for Respondent No.4.
CORAM: V.M. KANADE &
P.D. KODE, JJ.
DATED: SEPTEMBER 16, 2014
P.C:
1. Learned counsel appearing on behalf of
the petitioner requests that the matter may be
kept back for some time. Request refused since
the matter was specifically kept high on board
at the request of the petitioner.
2.The petitioner has filed this petition
Page 1 of 2
suresh 905-WP-2894.2014
praying for a direction to respondent Nos.1 and
2 to register an offence against respondent
Nos.4 to 9. The learned APP has invited our
attention to a letter, dated 5-4-2014, written
to the complainant by Senior Inspector of
Police, Karmala Police Station, District
Solapur wherein it is mentioned that the
police, after making preliminary inquiry, came
to the conclusion that the dispute between the
parties is of a civil nature.
petitioner has to exhaust the other alternate
remedy which is available to him, namely, of
filing a private complaint. Reserving the said
right of the petitioner to file a private
complaint before the concerned Magistrate, the
writ petition is disposed of.
1 issue framed by the court
Whether the petitioner is entitled to direction for registration of an offence under Section 482 CrPC when police has classified the dispute as civil in nature.
Gowardhan Jagannath Chavarepatil
The State of Maharashtra
V.M. Kanade
P.D. Kode
As recorded by the court registry
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