-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2997 OF 2005 Lakshmi Harish Bhatia and another ... Petitioners vs. The State of Maharashtra ... Respondents Mrs. P.G. Bhatia for the petitioners. Mr. P.S. Hingorani, Additional Public Prosecutor, for the State. CORAM: BILAL NAZKI & ANOOP V. MOHTA , JJ. DATE: JANUARY 29, 2009 P.C. A First Information Report filed on 23rd November, 2005 is sought to be quashed by the petitioners in this writ petition. This Court has granted stay. We have gone through the complaint. The complaint discloses an offence in the following words: “In November 2004 we used to reside at the given address with aunt namely Damayanti Bhatia. On 8.11.05, the wife of my elder brother Lakshmi Harish Bhatia, Hi. 43 years, came from Dubai and at that time I had gone o the market. On my back, my sister in law and her son Devkisan Harish Bhatia, Hi. 23, entered the house and changed the lock fitted to it and for the purpose of residing there for themselves. She gave a complaint against the complainant herein in the Matunga Police Station and the said complaint is registered at Matunga Police Station vide V.R. No. 449/05 under Sections 448 and 34 of I.P.C.” -2- 2. The learned counsel for the petitioners submits that the petitioners have all alone been in possession of the house and there were proceedings under Section 145 of the Criminal Procedure Code also in which there was a finding that the petitioners were in possession of the house. Those are matters which will have to be taken into consideration on the police during the course of investigation. As far as this Court is concerned, this Court would not be able to quash the First Information Report as the FIR on its own discloses an offence. Therefore, we dismiss this writ petition. Interim relief stands vacated. Rule is discharged. However, any observation made by us in this order should not be taken as an expression of opinion with regard to the culpability or otherwise of the petitioners. The police may investigate the matter independently and come to its own conclusions. BILAL NAZKI, J. ANOOP V. MOHTA, J.