Mr.Dilip Eknath Choudhary v. State Of Maharashtra

16 wp 508-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 508 OF 2015 Mr.Dilip Eknath Choudhary ..Petitioner v/s.

The State of Maharashtra .

..Respondents Mr. P.P.Goyal for the Petitioner.

Mrs.U.V.Kejriwal, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JUNE 17, 2015.

P.C.

1.

This petition is filed for the following reliefs: "a) Rule be issued.

b) The writ or order or direction in the nature of any other writ or mandamus writ be issued against the respondent. The respondent and his subordinates be punished for their inaction against the accused, under the appropriate law of Indian Penal Code, for not taking the action against the accused grabbing the property of the petitioner.

That the respondent be directed by a writ of mandamus to evict pps

16 wp 508-15.doc the accused from the property of the petitioner within two weeks."

2.

The petitioner, earlier filed Writ Petition No.1869 of 2014 with similar prayer. The said writ petition was dismissed by order dated 4.8.2014 reserving the right of the petitioner to take out appropriate proceeding against the concerned accused.

3.

The petitioner thereafter filed complaint before the Airport Police Station. The petitioner's grievance was considered by the concerned police station and he was informed vide letter dated 4.11.2014 that the dispute is of civil nature. In these circumstances, remedy of the petitioner is to approach the Magistrate if he feels aggrieved. However, the relief claimed in the petition cannot be granted. Petition is accordingly dismissed.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps