1 wp3283.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3283 OF 2009 Mr. Herold Mariyan Carvalho ....Petitioner. Vs. State of Maharashtra ....Respondent. Mr. Indrajeet Kulkarni, for the Petitioner. Mrs. M.M. Deshmukh, APP for the State. CORAM : B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 8th July, 2010 P.C.: 1 We have heard Mr. Kulkarni, the learned counsel appearing for the Petitioner. We have perused the Petitioner’s complaint dated 24/03/2007, as well as the order dated 29/07/2008 passed by the learned Judicial Magistrate, First Class, IInd Court at Thane while accepting the “C” Summary instead of “B” Summary. 2 Mr. Kulkarni, the learned counsel appearing for the Petitioner relied upon the decision in the case of Mithabhai Pashabhai Patel & Ors. Vs. State of Gujarat, (2009) 2 S.C.C. (Cri.) 1047, and we have no doubt in our minds that the said authority is not applicable to the facts of this case. 2 wp3283.09.sxw The suit filed by the Petitioner i.e. Civil Suit No. 657 of 1994 is pending in the Court at Thane and the Petitioner’s remedy would be to take out appropriate application in the pending suit or to institute a fresh suit to claim his ownership and possession over the subject flats i.e. flat Nos. 501 and 502 located in the building - “Mona Lisa Arch”. 3 Hence, the Petition is rejected with liberty to the Petitioner to approach the Civil Court. (ANOOP V. MOHTA, J.) (B.H.MARLAPALLE, J.)