THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.44288 OF 2017

ORDER:

This Writ Petition is filed with the following relief:

“…to issue a writ or direction more particularly one in the nature of writ of mandamus, declaring the action of the 2nd respondent in not taking action of the petitioner under section 145 of Cr.P.C dated 18.09.2017 and not initiated any proceedings on the petition filed by the petitioner is illegal, arbitrary and violation of principles of natural justice fundamental rights guaranteed to the petitioner under article 14, 21 and 300A of the Constitution of India and consequently direct the respondent No.2 to dispose the petition filed under section 145 of Cr.P.C dated

18.092017..…”

2. None appears on behalf of the petitioner.

3. Heard learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 5.

4. The learned Assistant Government Pleader for Home submits that the relief sought in the present writ petition, namely, a direction to the police authorities to register a criminal case, is not maintainable under Article 226 of the Constitution of India, in view of the well-settled legal position laid down by the Hon’ble Supreme Court.

5. I have