Naushad Ahmed Usman Patel v. Commissioner Of Police And ORS

944-WP-142-18.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 142 OF 2018 Naushad Ahmed Usman Patel ..Petitioner

Versus

Commissioner of Police and Ors.

..Respondents Mr. B.M. Tripathi for the Petitioner.

Mr. Ajay Patil, APP for Respondent/State.

CORAM: B. R. GAVAI & B. P. COLABAWALLA, JJ.

DATE: 1st FEBRUARY, 2018 P.C.:- 1] Petitioner has approached this Court, seeking for directions to Police Authorities to provide police protection for carrying out repairs. It is the contention of the Petitioner that, Petitioner, on the basis of the interim protection granted to him by the learned City Civil Court, is desirous of carrying out repairs. However, he apprehends that, Defendants in the suit may obstruct him.

2] On the basis of the representation made by the Petitioner to the Police Authorities, Police Authorities have already issued communication to Respondents 3 to 6 asking them not to obstruct the repair work to be carried out by the Petitioner. They have also informed the said Respondents that, in the event any such obstruction is noticed, action in accordance with law would be taken. 1/2

944-WP-142-18.sxw 3] Only on the basis of apprehension of the Petitioner, relief as claimed in the Petition cannot be granted. Petition is premature in nature. Hence, rejected.

(B. P. COLABAWALLA, J. ) (B. R. GAVAI, J. ) 2/2