- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.371/2010 Pandurang Bhagwan Funde. ...Petitioner.. Versus The State of Maharashtra & others. ...Respondents... ..... Shri N.C. Garud, Advocate for petitioner. Shri N.R. Shaikh, APP for respondents. ..... CORAM: P.V. HARDAS & A.V. POTDAR , JJ. DATE: 02.09.2010 PER COURT : 1] This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ directing the Police officials to register an offence on the basis of the complaint of the petitioner dated 31.8.2008. 2] According to us, the petitioner has an alternative remedy available in law of - 2 - filing a private complaint in the event the Police has not registered an offence against the accused. 3] It would be useful to refer to the judgment of the Supreme Court in Aleque Padmsee V/s Union of India [ (2007) 6 SCC 171 ]. The Supreme Court in this judgment held at paragraph 7 as under: “The correct position in law, therefore, is that the police officials ought to register the FIR whenever facts brought to their notice show that cognizable offence has been made out. In case the police officials fail to do so, the modalities to be adopted are as set out in Section 190 read with Section 200 of the Code.” The Supreme Court at paragraph 8, while disposing of the aforesaid petition, issued directions, which we reproduce below : “[1] If any person is aggrieved by the inaction of the police officials in registering the FIR, the modalities contained in Section 190 read with Section 200 of the Code are to be adopted and observed; [2] It is open to any person aggrieved by the inaction of the police officials to adopt the remedy in terms of the aforesaid provisions.” 4] A reference may also be made to the judgment of the Supreme Court in Sakiri Vasu V/s State of U.P. (AIR 2008 Supreme Court, 907). The Supreme - 3 - Court in the said judgment has held that an alternative remedy was available to the complainant in respect of non-registration of the FIR by the Police. The Supreme Court further directed that the aggrieved person can approach the Superintendent of Police under Section 154(3) of the Cr.P.C. by an application in writing or can file an application before the Magistrate under Section 156(3) of the Cr.P.C. 5] In the light of the judgments of the Supreme Court referred to above, there being no merit in the petition, this petition is dismissed summarily relegating the petitioner to avail the remedy of filing private complaint according to law. In the circumstances, there will be no order as to costs. (A.V. Potdar , J.) (P.V. Hardas, J.) ndk/cr29101