Salim Noor Mohd Shaikh v. The Senior Inspector Of Police And ORS

1 of 2 WP.1590.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1590 OF 2016 Salim Noor Mohd. Shaikh Petitioner versus The Senior Inspector of Police & others Respondents Mr.Imran M. Sheikh for Petitioner.

Mr.J.P.Yagnik, APP, for State.

Mr.Rishi Bhuta i/by Ms.Seema Singh for Respondent no.3. CORAM : N.H.PATIL AND P.D.NAIK, JJ.

DATE : 6 th June 2016 PC :

1.

The Petitioner's grievance is that the flat owned by him has been forcibly possessed by his wife, against whom a dispute is already going on in the Family Court. The Petitioner is residing at Ghatkopar in another flat. Learned counsel appearing for the Respondent-Wife submits that the allegations made by the Petitioner are not correct. A civil suit has already been filed by the Respondent-Wife in respect of possession of the said flat and the civil suit is now posted on 10 June 2016. 2.

In the facts we find that the Civil Court would address the issue of lawful possession of the said flat. In case the Petitioner still desirous to initiate criminal proceedings and

2 of 2 WP.1590.2016 appropriate procedure or remedies prescribed under the Code of Criminal Procedure, 1908, he is free to do so. We do not express any opinion on merits. Keeping open all issues on merits, we dismiss the petition.

(P.D.NAIK, J.) (N.H.PATIL, J.) MST