1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. WRIT PETITION NO.174 of 2011 (Gopal Babulal Upadhyay ..vs.. The State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Harode, Advocate for the petitioner, Shri T.A. Mirza, APP for the respondents 1 to 4. CORAM : MRS. V.K. TAHILRAMANI AND M.L.TAHALIYANI, JJ. DATE : 15-06- 2011 . Heard the learned Counsel for the petitioner and the learned A.P.P. for the respondents-State. 2. The case of the petitioner is that he has pledged about 201 grams gold and 1 K.G. silver with respondent No.5. However, respondent No.5 misappropriated the said gold and silver and he sold the said gold and silver to respondent Nos. 6 and 7 at a higher rate. In view of this fact, the petitioner went to Rajapeth Police station to lodge F.I.R. under Sections 406 and 420 read with Section 34 of the Indian Penal Code. The grievance of the petitioner is that the F.I.R. was not registered by the police, hence he has approached this Court with a prayer that the police be directed to register the F.I.R. 3. The Supreme Court in the case of Aleque Padamsee and ors. .vs. Union of India and ors., reported in (2007)6 SCC 171 has held that if information is given to the police regarding commision 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 2 Supreme Court has specifically observed that in such a case a writ petition is not to be entertained as there is a efficacious 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.” 4. In view of the above, it is open to the petitioner to adopt the aforesaid remedy. The petition is disposed of. JUDGE JUDGE pma