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Bombay High CourtWP/2068/2015others disposed off

N. R. Corporation v. The State Of Maharashtra And ORS

2015-06-10Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

2068-15-wp=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2068 OF 2015 M/s. N.R. Corporation .. Petitioner v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Raghuraj Deshpande i/b Bhupendra Singh for the petitioner Mr. N.R. Pradhan for respondent no.3 Mrs. S.V. Sonawane, APP for respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 10th JUNE, 2015.

P.C.

1.

Heard. The petition is filed for following reliefs :- "(a) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ directing the respondent no.2 Police Station to assist the petitioners in opening the locked collapsible grill and get access to their Unit No.501, situate on 5th floor, Shree Platinum Commercial Premises Co-operative Society Ltd., Jawahar Road, Near BMC 'N' Ward, Ghatkopar (E), Mumbai - 400 077.

(b) This Hon'ble Court may further be pleased to issue an appropriate writ directing the respondent no.2 to register a crime against the respondent no.3, and more particularly respondent no.4 Chairperson.

Uday S. Jagtap

2068-15-wp=.doc (c) This Hon'ble Court may be pleased to direct the respondent no.3 not to trespass upon the petitioner's premises i.e. Unit No.501 along with terrace."

2.

So far as reliefs claimed in prayer clauses (A) and (C) are concerned, the same cannot be granted in exercise of the criminal writ jurisdiction.

3.

So far as relief claimed in prayer clause (B) is concerned, the learned APP having taken instructions from the concerned Officer makes a statement that notices are already issued to the respective parties and preliminary inquiry would be held and appropriate decision would be taken and the same would be communicated to the parties within 7 days. In view of the statement, the grievance made in prayer clause (B) does not survive.

4.

Subject to above, the Writ Petition is dismissed. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.) Uday S. Jagtap