1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 124 OF 2011 Sundarabai Shrawan Kolhe & Ano. Vs. State of Maharashtra thr P. S. O. Incharge P.S. Gadchiroli & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri M. K. Kulkarni Adv for petitioners. Shri D. B. Yengal APP for respondent/State. CORAM:V.K. TAHILRAMANI & M.L. TAHALIYANI JJ. Dated: 29 th MARCH, 2011. . Heard the learned counsel for the petitioner and the learned APP for the respondents. 2] The case of the petitioners is that there is a dispute relating to property between her and respondents no. 3 to 7. According to her respondent Nos. 3 to 7 have committed illegal acts, hence, she went to Gadchiroli Police Station to lodge F. I. R. The grievance of the petitioner is that the police station Gadchiroli did not register her F. I. R. 3] On the issue involved in the present case, we would like to refer to a decision of Supreme Court in the case of Aleque Padamsee and ors. 2 Vs. Union of India and ors., reported in (2007)6 SCC 171. In this case, the Supreme Court held that if information is given to the police regarding commission of cognizable offence and no action is taken by the police then the 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.” Thus, in our view the decision in Aleque Padamsee is squarely applicable to the present case. Hence, it would be open to the petitioner to adopt such a remedy. Petition disposed of in above terms. JUDGE JUDGE svk 3 4 5 6