1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.2944 OF 2010 Francisca Michael (Nee Geeta Bhatia) ...Petitioner. v/s. State and Anr. ...Respondents. Ms Jennifer Michael i/by Abhijeet Shinde ,advs. For the Petitioner. Ms U.V.Kejriwal, APP For the Respondent No.1. Mr. Chetan Akekar, adv. For the R.No.2. CORAM : J.H. BHATIA, J. DATED : MAY 5, 2011. P.C. 1 Heard the learned counsel for the parties. This is a petition challenging the issuance of process under sections 448 and 453 of the I.P.C. at the behest of the respondent no.2/complainant, who had allegedly purchased the house belonging to the husband of the present petitioner. According the present petitioner in some matrimonial disputes between herself and her husband on 1.4.2003, Family Court had directed parties to maintain status-quo and in spite of that order, on 8.4.2003, complainant had purchased that house and thereafter, filed false case. In fact, except exparte order of status-quo, there is no material on record nor there is any finding of any Court to the effect that petitioner was in fact in possession of the said premises on 1.4.2003 or on 8.4.2003. 2 Assuming for a moment that she was in occupation, there is nothing on record to show that order of status-quo was served or was withing the knowledge of the complainant on 8.4.2003. Whether the present petitioner had infact committed trespass in the house by breaking open the lock is a question of fact, which can not be gone into in the present petition. In view of the circumstances, I am not inclined to interfere. 2 Petition stands dismissed. (J.H. BHATIA,J.)