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Bombay High CourtWP/2425/2015others disposed off

Pradeep Bhalchandra Keer And ORS v. The State Of Maharashtra And ANR

2016-08-19Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Naresh H. Patil2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE JURISDICTION WRIT PETITION NO. 2425 OF 2015 Pradeep Bhalchandra Keer & ors.

...

Petitioners V/s.

State of Maharashtra & ors.

...

Respondents Mr. C.N. Chavan for the petitioners.

Ms. Sangeeta Shinde, APP for the State.

CORAM :

NARESH H. PATIL AND PRAKASH D. NAIK, JJ.

19th August, 2016.

P.C.

The petitioner's grievance is that in the year 2009 shop owned and possessed by him was sealed by police consequent to complaint filed by respondent no.3 on which FIR bearing 7/2009 came to be registered. Petitioner further alleges that respondent no.4 is a stranger and there is a dispute going on between petitioner and respondent no.4 in respect of shop as respondent no.4 broke opened the seal and is now in possession of shop. This development took place in the year 2009 according to

2/2 wp2425.15.sxw petitioner. The petitioner approached this Court in the year 2015 seeking directions to restore the possession. More so the petitioner states that there is some dispute going on between petitioner and respondent no.3 in respect of shop.

2.

However, the question is under what power the police sealed the shop and whether respondent no.4 broke opened the seal. The petitioner is entitled to file a comprehensive representation addressed to the Senior Police Inspector of the concerned police station. 3.

The petitioner approached this Court at belated stage. In view of the aforesaid circumstances, we are not inclined to interfere. Petitioner may resort to alternate statutory remedy as may be available in law. Petition is rejected.

(PRAKASH D. NAIK, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.