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2025 DAILYLAW 76404 (BOM)

RAJKUMAR BAIZNATH OJHA v. THE STATE OF MAHARASHTRA AND ORS

APL/751/2016 · 2025-11-04

Shri Manish Pitale, Smt Manjusha Ajay Deshpande

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 11-APL-751-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.751 OF 2016 Rajkumar Baiznath Ojha … Applicant Versus The State of Maharashtra & Ors. … Respondents ******  None for the applicant.  Ms. Sangita Phad, APP, for the Respondent-State. ****** CORAM : MANISH PITALE AND MANJUSHA DESHPANDE, JJ. DATE : 4th NOVEMBER 2025 P.C. : . This application was filed under Section 482 of the Cr.P.C., as far back as in March 2016. The record shows that it was not heard effectively at all from the date of its filing. Today, when the application is called out for hearing, there is no appearance on behalf of the applicant. 2. The main prayer in this application reads as follows : “a) That this Hon'ble Court be pleased to order and direct to the concerned Police Station i.e. the N.M. Joshi Marg Police Station to initiate inquiry into the matter under section 156 (3) of Cr.P.C., 1973, and to register FIR against the Respondents No.4 to 6 u/s. 406, 420, 467 & 468 of IPC, 1908;” Kartikeya,P.A. 2 11-APL-751-2016.doc 3. We fail to understand as to how such an application under Section 482 of the Cr.P.C. is maintainable. If at all the applicant was aggrieved by alleged inaction on the part of the Police to register FIR, he could have approached the jurisdictional Magistrate under Section 156(3) of the Cr.P.C. for appropriate directions. Instead, this application was filed invoking inherent power of this Court under Section 482 of the Cr.P.C. 4. The instant application is evidently misplaced and it cannot be entertained for the relief sought in the above quoted prayer clause. 5. As noted hereinabove, there is no appearance on behalf of the applicant. We do not find any merit in the instant application. 6. Hence, the application is dismissed. (MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.) Kartikeya,P.A.