1 Cr.WP.585/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 585 OF 2010 Shaikh Abubakar Suleman & Ors. ...Petitioners Vs. The Commissioner of Police & Ors. ...Respondents Mr. P.C.N.Agarwal, Advocate for the Petitioners Mrs. P. P. Shinde, A.P.P for the State CORAM: B. H. MARLAPALLE & SMT. ROSHAN DALVI, JJ. DATED: 16TH JULY, 2010. P.C. 1. We have heard the learned Counsel for the Petitioner and perused the affidavit in reply filed by Shri Anant Balkrishna Gawade, Police Inspector attached to DCB – CID, Unit-V, Kurla, Mumbai. 2. Pursuant to the complaint of the Petitioner addressed to the Joint Commissioner of Police on 15th September 2009, the Police Inspector, the affiant, recorded the statement of the Petitioner’s wife Smt. Mumtaz Abubakar Shaikh on 6th September 2009. He also recorded the statements of some more persons and examined the documents placed before him. It has been stated in the affidavit that the Respondent No.5 is 2 Cr.WP.585/2010 the original owner of the building in which the Petitioner occupies a tenement and the said building is a subject matter of SRA Development Scheme. Respondent No.5, the original owner has sold the building to M/s. High Life Developers. It is further contended that the Petitioner wanted a tenement on the second floor by way of rehabilitation and he also started demanding Rs.2 lakhs. On the statement of the Petitioner’s wife, N.C. No.1665/2009 has been registered for the offences punishable under Section 504 and 506 of the I.P.C. 3. We have perused the statement of the Petitioner’s wife and we are satisfied that the directions as prayed no case has been made out to issue to the directions as prayed for. If the Petitioner is not satisfied with the action taken by the Police, he is not prevented from filing a private complaint before the Court of Metropolitan Magistrate. 4. The Petition is rejected with liberty as is available in law. (SMT. ROSHAN DALVI, J.) (B. H. MARLAPALLE, J.)