Dinesh Subhash Naikdhure vs The State Of Maharashtra And Anr
2021 Latest Caselaw 383 Bom

 Sherla V.


                                                                             14_wpst.6515.2020.doc
           Digitally
           signed by
           Vishwanath
Vishwanath S. Sherla            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
S. Sherla  Date:
           2021.01.07                     CRIMINAL APPELLATE SIDE
           17:15:25
           +0530

                             CRIMINAL WRIT PETITION (STAMP) NO.6515 OF 2020

                        Dinesh Subhash Naikdhure                                 ... Petitioner
                                    Vs.
                        State of Maharashtra & another                       ... Respondents



                        Mr.S.B. Chandan for the Petitioner

                        Ms.A.S. Pai, APP, for Respondent - State

                                                 CORAM: S.S. SHINDE &
                                                        M.S. KARNIK, JJ.

DATED: JANUARY 7, 2021

P.C.:

1. Learned Counsel appearing for the petitioner invited our

attention to the averments made in the petition and submitted that

this is a fit case for registration of First Information Report by the

police against the accused under sections 406, 420 read with

section 34 of the Indian Penal Code as mentioned in prayer clause

(b) of the petition. It is also prayed vide prayer clause (c) that an

enquiry be initiated against the erring officials, who have failed to

register the FIR.

14_wpst.6515.2020.doc

2. Considering the averments made in the petition, we are of

the view that the petitioner has an alternate and efficacious

remedy of approaching the learned Magistrate under the relevant

provisions of Code of Criminal Procedure, in view of the judgment

of the Honourable Supreme Court in the case of Sakiri Vasu Vs.

State of Uttar Pradesh and Others1.

3. In this view of the matter, the present petition is disposed off

with liberty to the petitioner to approach the learned Magistrate by

resorting to appropriate remedies as available under the Code of

Criminal Procedure. We make it clear that we have not examined

the contentions and the complaint filed by the petitioner, on merits.

4. With these observations, the petition is disposed off.

             (M.S. KARNIK, J.)                        (S.S. SHINDE, J.)




1    (2008) 2 SCC 409