0903cwp76.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL WRIT PETITION NO.76 OF 2011 Ramchandra Bisansa Gulhane ..vs.. The State of Mah. and ors. ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------- Mr.V.G.Bhamburkar Adv. for the petitioner. Mr.T.A.Mirza APP for the State. CORAM : V.K.TAHILRAMANI AND PRASANNA B.VARALE, JJ. DATED : 9TH MARCH, 2011. The prayer of the petitioner is that he has lodged some complaints against respondent no.4, however, the police authorities are not registering F.I.R. and investigating the matter. 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 efficacious remedy available of filing a complaint before the Magistrate. The Supreme Court disposed of the writ petition with the following direction. 0903cwp76.11.odt 2/2 "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." Hence, we are not inclined to entertain the present petition. The petition is, therefore, rejected. JUDGE JUDGE chute