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2018 DAILYLAW 3474 (BOM)

M/S. POONAM CHAMBERS v. THE STATE OF MAHARASHTRA AND ANR.

WP/4887/2018 · 2026-06-12

Kamal Khata, Shri A S Gadkari

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sbw 170-WP-4887-2018 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4887 OF 2018 Poonam Chambers … Petitioner V/s. State of Maharashtra & Anr. … Respondents Mr. Subhash Jha (through VC) a/w Mr. Sumeet Upadhya, Ms. Prachi Kabra, Mr. Chetan Gogawale and Ms. Hetal Jain for the Petitioner. Mr. Ashish I. Satupute, APP, for the Respondent-State. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 12th June, 2026 P.C.:- 1) By this Petition under under Article 226 of the Constitution of India, the Petitioner seeks the following reliefs:- “(a) That this Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order and/or direction in the nature of mandamus, thereby directing the Respondents to take cognizance of the complaint dated 23rd December, 2017, being Exhibit - ‘A’ annexed herewith by registering an FIR against the accused named in the complaint in the light of the decisions of the Apex Court in the matter of State of Haryana vs. Bhajan Lal – (1992) Supp. (1) SCC 335 and that of the constitution bench 1/2 SANDHYA BHAGU WADHWA Digitally signed by SANDHYA BHAGU WADHWA Date: 2026.06.22 17:47:33 +0530 Sbw 170-WP-4887-2018 .doc in the matter of Lalita Kumari vs. State of P (2014) 2 SCC 1; (b) That this Court may be pleased to direct the Respondent No.1 to take action against the erring police personnel of Worli Polie Station, Mumbai for having not registered an FIR, based on the complaint dated 23rd December, 2017, being Exhibit - ‘A’ annexed herewith in the light of dictum of the Apex Court in the matter of Lalita Kumari vs. State of UP (2014) 2 SCC 1 in para 120.4”. 2) In view of the recent decision of the Supreme Court, in the case of Sujal Vishwas Attavar & Anr. vs. The State of Maharashtra & Ors. reported in 2026 SCC OnLine SC 798, present Petition which seeks registration of a crime on the basis of complaint dated 23rd December, 2017, is not maintainable. 2) The Petitioner is at liberty to avail the statutory remedies in accordance with law. 3) In view of the aforesaid, the Petition stands disposed off. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2