1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.365 OF 2011. (KAMLAKAR BALIRAM PARDHY & ANR..VS.. STATE OF MAH. THR. SECRETARY & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.D. Harode, Advocate for Petitioners. Mrs. Sangeeta Jachak, A.P.P. for Respondents/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : JULY 26, 2011. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for Respondents/ State. The case of the petitioners is that respondent No.4 committed an offence punishable under Section 420 of the Indian Penal Code and cheated the petitioners to the tune of Rs.4,18,000/-. The petitioners went to Koradi Police Station to lodge First Information Report. However, the police did not register First Information Report. Being aggrieved by the said fact the petitioner has approached this Court seeking direction to the concerned Police Police Station to register First Information Report. The Supreme Court in the case of Aleque Padamsee and ors. Vs. Union of India and ors., reported in (200&) 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 2 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 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 would be open to the petitioner to file complaint before the concerned Magistrate.. With these observations, the writ petition is disposed of. JUDGE JUDGE RR..