1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.273 OF2006 CRIMINAL WRIT PETITION NO.273 OF2006 CRIMINAL WRIT PETITION NO.273 OF2006 Dayal Singh Kundan & Ors. ...Petitioners Dayal Singh Kundan & Ors. ...Petitioners Dayal Singh Kundan & Ors. ...Petitioners Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ----- ----- ----- Mr.Bhavesh Parmar Adv. for Petitioners Mr.Bhavesh Parmar Adv. for Petitioners Mr.Bhavesh Parmar Adv. for Petitioners Mr.I.S.Thakur, A.P.P. for the State Mr.I.S.Thakur, A.P.P. for the State Mr.I.S.Thakur, A.P.P. for the State Mr.Paresh Shah with Ms.Pooja Bhatia i/b. M/s.Shah & Mr.Paresh Shah with Ms.Pooja Bhatia i/b. M/s.Shah & Mr.Paresh Shah with Ms.Pooja Bhatia i/b. M/s.Shah & Sanghavi for Respondent No.7 Sanghavi for Respondent No.7 Sanghavi for Respondent No.7 Mr. Shirish Gupte for Respondent Nos.3 to 6 Mr. Shirish Gupte for Respondent Nos.3 to 6 Mr. Shirish Gupte for Respondent Nos.3 to 6 CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 27TH FEBRUARY, 2006 DATED: 27TH FEBRUARY, 2006 DATED: 27TH FEBRUARY, 2006 P.C. P.C. P.C. 1. Heard learned Counsel for the Petitioners. 1. Heard learned Counsel for the Petitioners. 1. Heard learned Counsel for the Petitioners. The first prayer in the Petition is regarding the The first prayer in the Petition is regarding the The first prayer in the Petition is regarding the title of the property i.e. Kochar House and this title of the property i.e. Kochar House and this title of the property i.e. Kochar House and this cannot be done by the Police investigations. The cannot be done by the Police investigations. The cannot be done by the Police investigations. The Petitioners may have a civil law remedy in this Petitioners may have a civil law remedy in this Petitioners may have a civil law remedy in this regard. The relief sought in prayer clause (b) has regard. The relief sought in prayer clause (b) has regard. The relief sought in prayer clause (b) has not been pressed for and the learned Counsel invited not been pressed for and the learned Counsel invited not been pressed for and the learned Counsel invited our attention to prayer clause (c). He has also read our attention to prayer clause (c). He has also read our attention to prayer clause (c). He has also read the latest complaint dated 23rd November 2005 the latest complaint dated 23rd November 2005 the latest complaint dated 23rd November 2005 submitted by the Petitioner No.1 to the Senior submitted by the Petitioner No.1 to the Senior submitted by the Petitioner No.1 to the Senior Inspector, Khar Police Station, Mumbai. This Inspector, Khar Police Station, Mumbai. This Inspector, Khar Police Station, Mumbai. This complaint also deals with civil disputes. complaint also deals with civil disputes. complaint also deals with civil disputes. 2. Nevertheless if the Petitioners or any one of 2. Nevertheless if the Petitioners or any one of 2. Nevertheless if the Petitioners or any one of them approaches with a complaint to the nearest police them approaches with a complaint to the nearest police them approaches with a complaint to the nearest police station i.e. police station at Khar within a period station i.e. police station at Khar within a period station i.e. police station at Khar within a period 2 of 2 weeks from today making out a case for an of 2 weeks from today making out a case for an of 2 weeks from today making out a case for an offence, we are sure the concerned police station offence, we are sure the concerned police station offence, we are sure the concerned police station would take appropriate steps as per law. At this would take appropriate steps as per law. At this would take appropriate steps as per law. At this stage we have no reason to believe that Respondent stage we have no reason to believe that Respondent stage we have no reason to believe that Respondent No.1 will fail in performance of his duty to No.1 will fail in performance of his duty to No.1 will fail in performance of his duty to investigate a crime. investigate a crime. investigate a crime. 3. So far as other reliefs are concerned as noted 3. So far as other reliefs are concerned as noted 3. So far as other reliefs are concerned as noted earlier the Petitioners will have to seek a civil law earlier the Petitioners will have to seek a civil law earlier the Petitioners will have to seek a civil law remedy and this petition under Article 226 of the remedy and this petition under Article 226 of the remedy and this petition under Article 226 of the Constitution cannot be entertained. Constitution cannot be entertained. Constitution cannot be entertained. 4. The Petition is therefore, rejected summarily. 4. The Petition is therefore, rejected summarily. 4. The Petition is therefore, rejected summarily. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)