1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. WRIT PETITION NO.327 OF 2011 (BHARTIYA BOUDHA MAHASABHA THR. GS CHARANDAS M. CHIKATE..VS.. STATE OF MAHARASHTRA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Pradeep Marpakwar, Advocate for Petitioner. Mr. Nahush Khubalkar, A.P.P. for Respondents/ State. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : JUNE 30, 2011. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for Respondents/ State. The case of the petitioner is that some persons quarreled with the priest and manhandled him on 13.07.2010. They approached the Police Station, however, police informed them that the said incident only amounts to non-cognizable and police refused to register the first information report. Thereafter on 25.07.2010 some persons broke open the lock of the premises and tried to take forcible possession and in the process some articles in the premises came to be robbed. They again approached the Police Station on 27.07.2010. However, the police refused to register F.I.R. The prayers of the petitioner is that directions be issued to the police to register First Information Report. 2 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 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 in relation to these incidents. With these observations, the writ petition is disposed of. JUDGE JUDGE RR..