1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No. 401/2011 Manohar s/o Ajabrao Kose vs. State of Maharashtra, through P.S.O., Saoner and another. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. A.V.Muley, Advocate for the petitioner. Mrs. B.P.Maldhure, APP for respondent. CORAM : MRS. V.K.TAHILRAMANI & M.L.TAHALIYANI, JJ DATE : 25.7.2011 Heard. 2. The case of the petitioner is that some documents were forged and thereby the land belonging to the father of the petitioner was mutated in the name of Mr. Rajendra Kose, who is the brother of the petitioner. The petitioner went to the Police Station, Saoner to lodge FIR, however, they did not register the FIR. Being aggrieved thereby, the petitioner has preferred this petition seeking direction to the police to register the FIR. 2` 3. On instructions, the learned APP states that the matter is purely of civil nature and hence FIR has not been registered. 4. The learned counsel for the petitioner vehemently denied this aspect and stated that criminal case inter-alia of forgery and cheating is also clearly made. 5. The Supreme Court in the recent decision in the case of Aleque Padamsee and others vs. Union of India and others, reported in (2007) 6 SCC 171 has held that if information is given to the police regardig 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 an efficacious remedy available of filing a complaint before the Magistrate. The Supreme Court disposed of the writ petition with the following direction: 3` “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.” 6. In view of the above facts, it would be open to the petitioner to adopt the aforesaid remedy. The petition is disposed of with above observations. JUDGE JUDGE patle