spb/- 1 6-8-wp1036-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1036 OF 2010 IN CRI. REVISION APPLICATION NO. 38 OF 2009 Mrs. Renu Khanchandani ... Petitioner. Vs. State of Maharashtra ... Respondent. --- Mr. Ram B. Upadhyay i/by Law Competere Consultus for the Petitioner. Mr. S.R.Shinde, APP for the State. ...... CORAM : V. M. KANADE, J. DATE : 06TH AUGUST, 2010. P.C. 1 Heard the learned counsel appearing on behalf of the petitioner and the learned APP for the State. 2 By this petition filed under Article 227 of the Constitution of India, the petitioner is challenging the order passed by the 24th Metropoliton Magistrate Court, Borivli, Mumbai which order was confirmed by the Sessions Court in Cri. Revision Application No. 38/2009. By the said order, the learned Magistrate was pleased to spb/- 2 6-8-wp1036-10.sxw direct that the shop premises of the petitioner should be sealed. In view of the said order, on 8th January, 2009 the Police sealed the suit premises. It is the case of the petitioner that the petitioner has nothing to do with the criminal complaint which was filed against the persons who were in possession of the shop premises as licensee. The petitioner by a leave and license agreement dated 23rd July, 2008 which was duly registered had given possession of the said shop to the accused Gangadhar Shetty. A criminal complaint was filed against him under section 420 of the IPC. The said case is pending. It is reiterated that the petitioner has nothing to do with the complaint and, therefore, the Police had no authority to seal his shop, which was used by the accused as licensee under the said leave and license agreement. 3 The learned APP for the State has filed its reply. In para-12 of the affidavit-in-reply, the police have now stated that they have no objection if the suit premises is handed over to the petitioner provided he does not create any third party interest. spb/- 3 6-8-wp1036-10.sxw 4 The Petition is , therefore, allowed. The police shall hand over possession of the shop premises to the petitioner. The petitioner may give the said shop premises on leave and license basis. However, he shall not create any third party rights in respect of the said premises or sale the said shop premises. Liberty, however, is granted to the petitioner for vacating this condition by filing an appropriate application before the Borivali Court after the chargesheet is filed. If such an application is made after the chargesheet is filed, the same may be considered in accordance with law. [V.M. KANADE, J.]