Arif Ibrahim Pavte v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.975 OF 2017 Mr. Arif Ibrahim Pavte )...Petitioner V/s.

State Of Maharashtra )...Respondent Mr. M.S.Mohite i/by M.R.Mishra, Advocates for the Petitioner. Mrs. A.S.Pai, APP for the Respondent - State. Mr. S.M.Suryavanshi i/by S.A.Pawar for Intervenor.

CORAM

:

RANJIT MORE & A. M. BADAR, JJ.

DATE :

10th MARCH, 2017.

P.C. :

Heard.

This Petition is filed for following reliefs: "a) that this Hon'ble Court be pleased to pass appropriate writ, order and direction directing the independent investigating agency to investigate the conduct on the part of the officers of Dindoshi Police Station in unofficially locking the premises and keep the keys in respect thereof and more particularly, the premises situated at Village Malad, Taluka Borivali, Mumbai Suburban District situated at Sharif Shivgan 1/3

Compound/Chawl, Kanyapada, Gokuldham Market, Gen.A.K.Vaidya Marg, Mulund Link Road, Goregaon (E), Mumbai-400 063 and subject to outcome of the same, necessary action be initiated against them. b) that this Hon'ble Court be pleased to issue appropriate writ, order and direction directing the Respondents to forthwith hand over the keys in respect of the said premises being the premises situated at land bearing no.266(Part) and CTS No.699(part) of Village Malad, Taluka Borivali, Mumbai Suburban District situated at Sharif Compound/Chawl, Kanyapada, Gokuldham Market, Gen.A.K.Vaidya Marg, Mulund Link Road, Goregaon (E), Mumbai-400 063 admeasuring 4200 sq.ft. To the Petitioner on such terms as this Hon'ble Court may deem fit and proper." In paragraph 16, the Petitioner has made averments that Mr.

Sachin Suryavanshi, officer attached to Dindoshi Police Station made petitioner to move out of subject premises and locked the main gate in respect of the compound thereof. Mrs. Pai the learned APP on instructions of Mr. Sachin Suryawanshi, API of Dindoshi Police Station who is present in the Court makes a statement that Mr. Suryawanshi has not put lock on the subject premises. Statement accepted.

Shivgan 2/3

In view of the statement made above, Mr. Mohite, the learned counsel for the petitioner states that his grievance in the petition no more survives. The Petition, accordingly, stands disposed of.

(A. M. BADAR, J.) (RANJIT MORE, J.) Shivgan 3/3