Jitendra Pandey v. State of Maharashtra and Anr.
Case brief
What is this about?
Alternate remedy doctrine applied to refuse Article 226 quashing of FIR; charge-sheet filed; discharge application under Criminal Procedure Code, 1973 held efficacious; Bombay High Court Criminal Appellate/Writ jurisdiction; Jitendra Pandey v. State of Maharashtra; C.R. No. 294 of 2023, Naupada Police Station, Thane; IPC Sections 420, 409, 467, 468, 120-B read with 34; IT Act Sections 66(C) and 66(D); writ petition disposed of reserving discharge remedy; Supreme Court precedents on writ jurisdiction versus alternate statutory remedy.
What did the court decide?
This Court will ordinarily not entertain a petition under Article 226/227 of the Constitution where the petitioner has an alternate remedy which, without being unduly onerous, provides an equally efficacious remedy; the party should be directed to avail such remedy before resorting to a constitutional remedy.