BASHIR MOHAMMED HUSSAIN MEMON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Petition under Article 226 and 227 of the Constitution of India is filed by the Petitioner for quashing of R.C.C No.66 of 2021 arising out of FIR No.563 of 2019 dtd. 23/10/2019 registered with Wanwadi Police Station, Pune, under Ss. 354 , 341 , 323 , 504 and 506(I) of the Indian Penal Code, 1860.

(2.) It is admitted fact on record that, after completion of the investigation, police has submitted chargesheet. In view thereof, the Petitioner is having substantive alternate remedy by way of filing an application for discharge before the Trial Court.

(3.) It is a settled position of law and as has been decided in catena of decisions by the Hon'ble Supreme Court, ordinarily the Court will not entertain the Petition under Article 226 /227 of the Constitution of India, where the Petitioner has an alternative remedy, which without being unduly onerous, provides an equally efficacious remedy. Though no hurdle can be put against the exercise of the constitutional powers of the High Court, it is well recognized principle which gained judicial recognition that, the High Court should direct party to avail himself of such remedies, one or the other before he resorts to the constitutional remedy.