Legal Analysis: Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors

Citation: 2026 INSC 442
Court: Supreme Court of India
Bench: Justice Sanjay Karol and Justice Augustine George Masih
Date of Decision: May 4, 2026
Nature of Judgment: Criminal Appeal under Article 136 against High Court interim order directing police to register FIR.

Synopsis of the Judgment

The complainant company, involved in civil disputes over a property, filed a writ petition under Article 226 before the Bombay High Court seeking direction to register an FIR alleging forgery and impersonation in a land measurement application. Without issuing notice to the accused, the High Court directed the police to record the complainant’s statement and take action as per law. Consequently, an FIR was registered against the appellants. The Supreme Court set aside the High Court’s order and quashed the FIR, holding that the complainant had bypassed the statutory remedies available under the Bharatiya Nagarik Suraksha Sanhita (BNSS) – first approaching the police under Section 173(1), then the Superintendent of Police under Section 173(4), and then the Magistrate under Section 175(3). Direct invocation of writ jurisdiction without exhausting these remedies was premature and impermissible, especially when no exceptional circumstances (violation of fundamental right, lack of jurisdiction, etc.) existed.

1. Basic Information of the Judgment

Field Details Case Title Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors. Criminal Appeal Nos. Arising out of SLP(Crl.) Nos. 1088/2026 and 1133/2026 Bench Justice Sanjay Karol and Justice Augustine George Masih Date of DecisionMay 4, 2026 Citation 2026 INSC 442 Appeal From Interim order dated 17.12.2025 of Bombay High Court in Writ Petition No. 5154/2025

2. Legal Framework

Laws Involved:

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