1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. WRIT PETITION NO.144 OF 2011 (Ramu @ Ramrao @ Rambhau Pisaji Katolkar and others ..vs.. The State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Bhamburkar, Advocate for the petitioners, Shri T.A. Mirza, APP for respondent Nos.1 to 3. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : 02-05- 2011 . Heard learned Counsel for the petitioners and learned APP for the respondents-State. The case of the petitioners is that there was some dispute in relation to property. Hence, they approached the Police Station Walgaon to lodge report against respondent Nos. 4 to 6. The grievance of the petitioners is that their F.I.R. was not registered, hence they approached this Court. The Supreme Court in the case of Aleque Padamsee and ors. Vs. Union of India and ors., reported in (2007) 6 SCC 171, has held that if information is given to the police regarding commission of cognizable offence and no action is taken by the police then proper remedy is to file a complaint before the concerned Magistrate. The Hon'ble Supreme Court has specifically observed that in such a case a writ petition is not to be entertained as there is a remedy available of filing a complaint before the Magistrate. The Supreme Court disposed of the writ petition with the 2 following direction : “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.” In view of the decision of the Supreme Court, it is obvious that the remedy open to the petitioner is to file a complaint before the concerned Magistrate. Thereafter the learned Counsel for the petitioner stated that a false averment has been made by the P.S.O., Walgaon Police Station in the affidavit filed before this Court. As far as this aspect is concerned, it would be open to the petitioners to take appropriate steps in that regard. With these observations, the writ petition is disposed of. JUDGE JUDGE pma