Cri.W.P.1177/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1177 OF 2010 Chand Pasha s/o Babusaheb Shaikh .. Petitioner Versus The State of Maharashtra and ors. .. Respondents Mr Suhas P.Urgunde, Advocate for petitioner Mr D.V.Tele, A.P.P. for respondent-State CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 20th January 2011 PER COURT 1. This is a petition under Article 226 of the Constitution of India by which the petitioner prays for issuance of a writ of mandamus directing the respondents-Police Officers to register an offence on the basis of the complaints filed by the petitioner dated 16.10.2010, 13.11.2010, 22.11.2010 and to investigate the said offence. 2. With the assistance of the learned Counsel for the petitioner we have perused the complaints lodged by the petitioner. However, the prayer which the petitioner has made cannot be granted to the petitioner in the light of the judgment of the Supreme Court in Aleque Padamsee Vs. Union of India, (2007) 6 SCC 171. The Supreme Court at paragraph 8 while disposing of the aforesaid petition, issued directions, which we reproduce below : Cri.W.P.1177/2010 2 “(1) 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; (2) It is open to any person aggrieved by the inaction of the police officials to adopt the remedy in terms of the aforesaid provisions.” 3. A reference may also be made to the judgment of the Supreme Court in Sakiri Vasu vs. State of U.P., AIR 2008 Supreme Court 907. The Supreme Court in the said judgment has held that on failure of the Police to register an offence, a writ cannot be issued as the aggrieved has an alternate remedy of filing of a private complaint. 4. In that light of the matter, therefore, the writ petition is summarily dismissed with no order as to costs. The petitioner may adopt the remedies available to the petitioner in law. ( A.V. POTDAR, J. ) ( P.V. HARDAS, J.) (vvr/1177.10criwp) Cri.W.P.1177/2010 3