Synopsis

This judgment by the Bombay High Court dismisses a writ petition filed by a bank challenging an order of a Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.), which had rejected the bank's application for direction to register an FIR. The petitioner had earlier approached the High Court in a previous writ petition, which was disposed of with liberty to file an appropriate proceeding. Thereafter, the petitioner filed an application under Section 156(3) before the Magistrate, which was rejected. The petitioner then filed the present writ petition under Article 226 read with Section 482 Cr.P.C. The court held that an order under Section 156(3) is a final order and is revisable under Section 397 Cr.P.C. (or Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – BNSS). The court found no exceptional circumstances to entertain the writ petition directly and relegated the petitioner to the remedy of criminal revision before the Sessions Court, following its earlier decision in Bipasha Deepak Kumar. The petition was disposed of with liberty to file a revision within four weeks, excluding the time spent in the writ petition.

1. Heading for the judgment

Citation: Kotak Mahindra Bank Ltd. (KMBL) v. The State of Maharashtra & Ors., Criminal Writ Petition No. 4913 of 2024, decided on 27.03.2026 (Bombay High Court)
Coram: Hon'ble Mr. Justice Ashwin D. Bhobe (Single Judge)
Core Law: Code of Criminal Procedure, 1973 (Sections 156(3), 397); Bharatiya Nagarik Suraksha Sanhita, 2023 (Sections 175(3), 438, 528); Constitutional Law (Article 226).

Bombay High Court holds that order under Section 156(3) Cr.P.C. is revisable; litigant must first approach Sessions Court before invoking writ jurisdiction.

2. Legal framework

This judgment deals with the maintainability of a writ petition challenging an order under Section 156(3) of the Cr.P.C. and the availability of alternative remedies.

• Code of Criminal Procedure, 1973 (Cr.P.C.):
  Section 156(3): Empowers a Magistrate to order an investigation by the police. An order rejecting such an application is a f

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