Raymond Benedict Barboza v. The Executive Engineer And ORS

16) wp4804-15 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4804 OF 2015 Raymond Benedict Barboza ..Petitioner.

V/s.

State of Maharashtra and Ors.

..Respondents.

Mr.Raymond Barboza - petitioner in person.

Mrs.M.M.Deshmukh, APP for respondent-State.

Mr.Ranjit Thorat with Mrs.Surekha for respondent No.2. CORAM : NARESH H.PATIL AND A.M.BADAR, JJ.

DATED : 20TH APRIL, 2016 P.C. :- 1.

The petitioner, appearing in person claims to be the Power of Attorney holder of the original member of the Society who is now shown to be deceased in the society's record when he is very much alive, according to the petitioner. Paragraphs 2 and 3 of the petition read as under:- "2.

The petitioner states that he is the Power of Attorney holder of the original member of the Society who is now shown as deceased in the Society's record, when he is very much alive. A 1/2

16) wp4804-15 copy of the fabricated 'J' Register is annexed hereto as Exhibit P1;

3.

The petitioner states that he was the Associate Member of the second member (bad in law) of the Society until the death of the member in the year 2012."

2.

From the submissions advanced, it seems that there is a dispute in respect of the membership of the present petitioner. The petitioner appearing in person submits that the the members propose to redevelop the premises. It is further alleged that some gangster are also intervening in the proposed redevelopment.

2.

In the facts of the case, we are not inclined to interfere in the matter. The petitioner may take recourse to alternate remedy for getting his membership issue settled. The petitioner is also at liberty to take recourse to alternate remedy for redressal of his grievance before the appropriate forum in case the petitioner is desirous to initiate criminal proceedings. The petition is disposed of.

(A.M.BADAR, J.) (NARESH H.PATIL, J.) 2/2