sbw 2-wp-50-2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.50 OF 2021 Chhaya Jitendra Mohite … Petitioner V/s. Sr. Inspector of Police, Vakola Police Station & Ors. … Respondents Mr. Pradeep Havnur for the Petitioner. Smt. Madhavi H. Mhatre, APP for the Respondent-State. Ms. Shraddha Kadam i/by Mr. Kishan Chaudhari for the Respondent No.2. CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 7th September, 2026 P.C.:- 1) By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking a direction to the Senior Inspector of Police, Vakola Police Station, to withdraw communication dated 11th December, 2020 issued by the Assistant Police Inspector. 2) By the said communication, the concerned Police Officer has directed the Petitioner to approach Civil Court because, according to him the complaint does not disclose any cognizable offence and the said dispute is civil in nature. 1/2 SANDHYA BHAGU WADHWA Digitally signed by SANDHYA BHAGU WADHWA Date: 2026.09.16 15:22:51 +0530 sbw 2-wp-50-2021.doc 3) As the Police have already enquired into the complaint lodged by the Petitioner and have reached the conclusion that it is civil in nature and that it requires adjudication by a Civil Court, we are not inclined to interfere with the said communication. 4) According to us, the Petition is wholly misconceived. 5) Though the Petitioner was and is having an alternate remedy, the Petitioner has approached this Court invoking writ jurisdiction under Article 226 of the Constitution of India, inter alia for lodgment of crime, which is not permissible in view of the 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. 6) Petition is accordingly disposed off. (KAMAL KHATA, J.) (A.S. GADKARI, J.) 2/2