1 cr-wp-2616-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 2616 OF 2010 Mr. Prakash Chandra s/o Late Rameshwarlal Sonthalia & Anr. ..Petitioners Vs. The State of Maharashtra and Anr. ..Respondents .... Mr.A.M.Saraogi Adv. for petitioner Mr.J.P.Kharge APP for State Mr.Munir Merchant Adv. for Respondent no.2 .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : SEPTEMBER 15, 2010 P.C.: 1 Heard the learned advocate for the petitioner-original accused, learned advocate for the respondent no.2-original complainant and the learned APP for the State. 2 The petitioners have moved for quashing of FIR being FIR No.104 of 10 of Kurar Police Station, Mumbai. The said FIR is lodged by respondent no.2. Respondent no.2 was married to petitioner no.3. Petitioner nos.1 and 2 are the parents of the petitioner no.3. Petitioner no.4 is the sister of petitioner no.3. 3 The learned counsel for the petitioners states that at present 2 cr-wp-2616-10 he is not pressing the prayer for quashing FIR and he seeks liberty to file a fresh petition at a later stage if so advised. Liberty as prayed for, is granted. 4 The learned counsel for the petitioners stated that there is apprehension that bank locker standing in the name of petitioner no.3 in HDFC Bank Goregaon (E) Branch, Mumbai may be broken open by the Investigating Agency, hence, he seeks some protection in relation to bank locker. As far as the bank locker is concerned, the learned APP states that the Investigating Agency has preferred an application before the learned Magistrate on 31.8.2010 for search warrant in relation to bank locker. The said application is pending before the Magistrate. In view of the fact that the application is pending before the learned Magistrate, obviously the Investigating Agency would not open the bank locker without orders of the Court. As the application is pending before the Magistrate, it would be open to the petitioners to appear before the Magistrate and submit their say in the said proceedings. The learned Magistrate after hearing the necessary parties, shall pass orders thereon. 5 Petition is disposed of in aforesaid terms. [ SMT. V.K.TAHILRAMANI, J.]