1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO.474 OF 2011 RUSHYI FAGOJI PATIL AND ANOTHER VS THE STATE OF MAHARASHTRA AND OTHERS ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V. D. Raut Advocate for the petitioners. Shri T. A. Mirza, APP for State respondent. Coram : P.V. HARDAS AND S.B. DESHMUKH,JJ. Date : 12 th OCTOBER 2011. This is a petition under Article 226 of the Constitution of India praying for issuance of writ of mandamus directing the police to register offence on the basis of the complaint filed by the petitioners. The petitioners have in the complaint filed with the police alleged commission of offences under the Indian Penal Code as well as the commission of offence under The Scheduled Castes and The Scheduled Tribe (Prevention of Atrocities) Act, 1989. On notice being issued to the respondents, the respondents have filed their affidavit-in-reply. In the affidavit-in-reply, it is stated in para 9 that, upon a preliminary enquiry, the respondents have come to the conclusion that this was not a fit case for registering the offence. Mr. T. A. Mirza, learned APP upon perusal of the case diary, which has been made available for our perusal, states that the preliminary enquiry did not disclose the 2 commission of a cognizable offence and, therefore, no offence came to be registered. It would be useful to refer two judgments of the Supreme Court namely 2007 (6) SCC 171, Aleque Padamsing & others Vs. Union of India and others. The Supreme Court in the aforesaid Judgment at para 8 has summarized the position and the Supreme Court has held that no writ of mandamus can be issued to the appellant in case the police failed to register an offence. Similar view is also taken by the Supreme Court in AIR 2008 SC 907, Sakiri Van Vs. State of UP & Others. The petitioner has alternate remedies available in law which the petitioner may avail of. In that light of the matter, this petition is dismissed relegating the petitioner to avail alternate remedy available to the petitioner in law. JUDGE JUDGE |mule|