IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1051 of 2008. CRIMINAL WRIT PETITION NO.1051 of 2008. CRIMINAL WRIT PETITION NO.1051 of 2008. Shakeel Ahmed Shaikh ..Petitioner versus The State of Maharashtra & Anr. ..Respondents Mr.Mubin Solkar for the Petitioner Mrs.A.S.Pai, APP for the State CORAM : B.H.MARLAPALLE & CORAM : B.H.MARLAPALLE & CORAM : B.H.MARLAPALLE & R.Y.GANOO, JJ. R.Y.GANOO, JJ. R.Y.GANOO, JJ. DATED : 20th June, 2008. DATED : 20th June, 2008. DATED : 20th June, 2008. P.C. 1. We have heard Mr. Solkar, learned Counsel for the petitioner, who is seeking directions against the respondent No.2 to register the crime on the basis of the complaint he has submitted on 8.2.2008. 2. We have perused the said complaint and we are not inclined to entertain this petition for two reasons. a) The dispute between the parties has arisen on account of title to the property and consequentially to the license, and therefore parties will have to approach to -2- the Competent Subordinate Court. b) In addition, if the complaint is not registered by the police, the complainant’s remedy to approach the Court of the Magistrate is intact. In the case of Gangadhar Mhatre vs. State of Gangadhar Mhatre vs. State of Gangadhar Mhatre vs. State of Maharashtra & Ors JT 2004(8) SC 208 Their Lordship Maharashtra & Ors JT 2004(8) SC 208 Their Lordship Maharashtra & Ors JT 2004(8) SC 208 Their Lordship of Supreme Court, of Supreme Court, of Supreme Court, observed in para 13 as under: 13. When the information is laid with the Police, but no action in that behalf is taken, the complainant is given power under Section 190 read with Section 200 of the Code to lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence and the Magistrate is required to enquire into the complaint as provided in Chapter XV of the Code. In case the Magistrate after recording evidence finds a prima facie case, instead of issuing process to the accused, he is empowered to direct the Police concerned to investigate into offence under Chapter XII of the Code and to submit a report. If he finds that the complaint does not disclose any offence to take further action, he is empowered to dismiss the complaint under Section 203 of the Code. In case he finds that the complaint/evidence recorded prima facie discloses an offence, he is empowered to take cognizance of the offence and would issue process to the accused. These aspects have been highlighted by this Court in All India Institute of Medical Science All India Institute of Medical Science All India Institute of Medical Science Employees’ Union (Reg.) through its Employees’ Union (Reg.) through its Employees’ Union (Reg.) through its -3- President v. Union of India and others President v. Union of India and others President v. Union of India and others. It was specifically observed that a writ petition in such cases is not to be entertained. The same view has been reiterated more recently in the case of Sakiri Vasu v. State of U.P. & Ors Sakiri Vasu v. State of U.P. & Ors Sakiri Vasu v. State of U.P. & Ors reported in 2008 AIR SCW 309. reported in 2008 AIR SCW 309. reported in 2008 AIR SCW 309. 3. Hence, we dispose off the petition by relegating the petitioner to the alternative Civil or Criminal remedy as he chooses. (R.Y.Ganoo, (R.Y.Ganoo, (R.Y.Ganoo, J.) (B.H.Marlapalle, J.) J.) (B.H.Marlapalle, J.) J.) (B.H.Marlapalle, J.)