AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.55 OF 2008 Mohammed Kallu Ibrahim Shah .... Petitioner Vs. State of Maharashtra & Ors. .... Respondents Mr. M.V. Holmagi for the petitioner. Ms. V.R. Bhonsale, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & DR. D.Y. CHANDRACHUD, JJ. DATED : 1ST SEPTEMBER, 2008. P.C.:- 1. The petitioner claims to be the owner of C.T.S. No.122, Survey No.55 situated at Near Kanjur Marg Railway Station (East), Kanjur Marg. It is his grievance that one Padma Kunji Kurve and members of her family, who also claim to be the owners of the abovementioned property are harassing him. They are threatening the petitioner and trying to extort money from him. The petitioner's AJN 2 case is that Kanjur Marg Police Station has not taken any action on the several complaints filed by him. He has, therefore, inter alia, prayed that necessary directions be given to the respondents to take action against those who are trying to extort money from him. 2. We have heard Mr. Holmagi, learned counsel appearing for the petitioner. He reiterated that several complaints have been filed by the petitioner with the Kanjur Marg Police Station, however that Police Station has not taken any action against the culprits. Mr. Holmagi submitted that therefore the Kanjur Marg Police Station be given necessary directions. 3. We have heard Ms. Bhonsale, learned A.P.P. appearing for the State. She has drawn our attention to the affidavit of Rahim Abdul Shaikh, Senior Inspector of police, L.A.1 Head Quarter, Naigaon, Mumbai. Mr. Shaikh has stated in the affidavit that both sides are making complaints and counter complaints against each other. Since, breach of peace was apprehended, a report was sent against both the parties recommending action under section 107 of AJN 3 the Criminal Procedure Code (for short, “the Code”). It is stated in the affidavit that, only notice under section 107 of the Code was issued but no shaw cause notice was issued under section 111 of the Code. It is further stated that the Special Executive Magistrate has come to the conclusion that the dispute between the parties is of civil nature and, therefore, proceedings under section 107 of the Code initiated against the petitioner and other parties were closed. 4. Admittedly, a civil suit filed by the petitioner is pending in the Bombay City Civil Court. We are informed by Mr. Holmagi that certain orders are passed in favour of the petitioner. Needless to say that the civil court will take care of the dispute as regards title of the property. So far as the grievance of the petitioner that some anti social elements are trying to extort money from him is concerned, the police will have to look into it. Learned A.P.P. Ms. Bhonsale on instructions from Head Constable Mr. M.K. Dabade attached to Kanjur Marg Police Station states that if the petitioner attends the police station with necessary particulars as regards his grievance, the police will look into his grievance and take action if AJN 4 necessary. In view of this statement, we feel that no further orders are necessary on this petition. Mr. Holmagi states that the petitioner will visit the police station in the week commencing from 15/9/2008 with necessary particulars. If the petitioner visits Kanjur Marg Police Station, the Kanjur Marg Police Station will look into his grievance and take action if found necessary as per the statement made by learned A.P.P. Ms. Bhonsale on instructions from HC Mr. Dabade. We, however, make it clear that we have not expressed any opinion on the merits of the case. The petition is disposed of. [SMT. RANJANA DESAI, J.] [DR. D.Y. CHANDRACHUD, J.]