1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.263/2008 [Pradip Laxman Damke .vrs. State of Maharashtra and others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. S.A. Marathe, Advocate for the petitioner, Mr. J.B. Jaiswal, APP for the respondents. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : 1 st AUGUST, 2008 1. Heard the learned counsel for the petitioner and the learned APP for the respondents. 2. The main grievance of the petitioner is that the police have not taken cognizance of the report lodged by his wife on 1.3.2008. It may be noted that the report dated 1.3.2008 shows that on that day around 10.00 AM three persons came to the house of the petitioner when nobody was in the house. Those persons inquired with them in the neighbourhood and left the place by giving abuses and threatenings. It is thus obvious that no offence took place in presence of the reporter namely the wife of the petitioner. If the petitioner or his wife 2 have any grievance about inaction of the police, they are free to approach the magistrate under the provisions of the Code of Criminal Procedure. In this respect, the observations of the Supreme Court in Divine Retreat Centre .vrs. State of Kerala and others, Appeal (Cri) No. 472 of 2008, decided on 11.3.2008 are material. They are as under : “Even in cases where no action is taken by the police on the information given to them, the informants remedy lies under Sections 190, 200 Cr.P.C., but a Writ Petition in such a case is not to be entertained.” 3. In view of this, we are not inclined to exercise extra ordinary jurisdiction under Article 226 of the Constitution of India. The petition is, therefore, disposed of. JUDGE JUDGE Gulande