1 crWP 473/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.473 OF 2009 Kalubai Kisan Aade ... Petitioner. Versus The State of Maharashtra & Ors. ... Respondents. -------- Shri. P.S. Dighe, holding for Shri. N.K. Choudhari, Advocate for the petitioner. Smt. R.R. Mane, Additional Public Prosecutor, for the State. -------- CORAM: NARESH H PATIL & SHRIHARI P DAVARE,JJ. DATE: 29th JULY 2009 ORAL ORDER: 1) Heard. 2) The learned counsel for the petitioner has placed reliance on a judgment in Ramesh Kumar v. State (N.C.T. Of Delhi), AIR 2006 SC 1322 in support of his contention that the police have no other option than to register FIR if it discloses a cognizable offence without entering into the inquiry relating to the genuineness or otherwise 2 crWP 473/2009 of the complaint. The police even are not entitled to look into the credibility of the allegations made by the complainant. 3) Affidavit-in-reply is filed by the State. A charge sheet is filed against the petitioner and her son both are accused in a crime punishable under section 306 IPC. That is a different issue. 4) We find that, in the light of the reported judgment in Sakiri Vasu v. State of U.P. [(2008)2 SCC 409] the petitioner has alternative efficacious remedy which the petitioner is entitled to exhaust. 5) Considering the facts of the case no interference in exercise of extra ordinary writ jurisdiction under Article 226 of the Constitution of India is warranted. 6) The writ petition is dismissed. (SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.) rsl/ crwp.399.09