Bhaskar S/O Shivaji Parate v. State Of Maharashtra Through Police Station Officer Police Station Tahsil District Nagpur.

22.APL.739.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 739 OF 2025 Bhaskar S/o. Shivaji Parate and others .Vs.

State of Maharashtra, through its P.S.O. PS Tahsil, Nagpur and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Mayank Sharma, Advocate for the applicants Ms Shamsi Haider, APP for respondent No.1/State CORAM :

ANIL S. KILOR AND M. M. NERLIKAR, JJ.

DATED :

JULY 16 , 2025 .

Heard.

2.

Learned counsel for the applicants submits that the allegations in the FIR are that by breaking the lock open, the applicants entered into the house, whereas there is a saledeed in favour of the applicants of the said house. It is therefore submitted that this is a civil matter. The respondent No.2 ought to have asked for possession by filing a civil suit. 3.

Issue notice to the respondents, returnable on 06.08.2025.

4.

Learned APP waives service of notice on behalf of respondent No.1/State.

22.APL.739.2025.odt 5.

The applicants are permitted to serve the respondent No. 2 by private mode of service in addition to regular mode of service and shall file an affidavit of service by next date.

[M. M. NERLIKAR, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 16/07/2025 16:20:23