sat 1 wp 3580-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3580 OF 2010 Udayakshi Sunder Kotian ...Petitioner vs. The State of Maharashtra & Ors. ...Respondents Mr.N.J. Patil i/b. Mr.Mohan Shetty for the Petitioner. Dr.F.R. Shaikh, APP for the State. Mr.Subodh Desai for Respondent Nos.2 to 4. CORAM : B.H. MARLAPALLE & U.D. SALVI, JJ. JULY 20, 2011 P.C. :- 1 We have heard Mr.N.J. Patil, the learned Counsel for the petitioner. 2 The petitioner is the mother of respondent nos.2 to 4. Respondent no.4 is admittedly residing at 65, Tennyson Road, New Jersey, USA. Even respondent Nos.2 and 3- the daughter and son, also stay away from the petitioner. On 19th October, 2010, the sat 2 wp 3580-2010 petitioner submitted a complaint to the Assistant Commissioner of Police and stated that her passport, pan card, bank documents and medical records, were with her children and they have refused to hand over the same stating that there was no need for her to have those documents and if need would arise, she should apply for duplicates. The complaint read as it is does not make out even, prima facie, a case of an offence punishable under the IPC and the Senior Inspector of Police of the Amboli Police Station by his letter dated 20th November, 2010 rightly informed the petitioner that the grievance raised by the petitioner in the complaint was of civil nature and she should approach the appropriate forum. The petitioner has filed a rejoinder to the affidavit-in- reply filed on behalf of respondent nos.2 to 4 and claimed that these documents were stolen away from her house by respondent no.2. 3 If that be so, the petitioner has an effective alternative remedy of filing a private sat 3 wp 3580-2010 complaint before the Court of Metropolitan Magistrate of competent jurisdiction. 4 Hence, the petition is rejected with liberty to file a private complaint, if so advised. (U.D. SALVI, J) (B.H. MARLAPALLE, J)