spb/- 1 wp859-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 859 OF 2011 Mohammed Anzar ... Petitioner . V/s. State of Maharashtra & Anr.. ... Respondents. --- Mr. Ram B. Upadhyay i/by M/s. Law Competere Consultus for the Petitioner. Ms. M.H. Mhatre, APP for the Respondent -State. ----- CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 06th APRIL, 2011. P.C. 1 Filing of this petition is itself an abuse of the process of the court. It appears that the petitioner had filed writ petition no. 3587 of 2010 under Article 226 of the Constitution of India praying therein following reliefs : “a) This Hon’ble Court be pleased to declare that invocation of section 18 of PITA Act is illegal and shall be pleased to set aside the impugned order dated 09.09.2010. b) This Hon’ble Court shall be pleased to direct the police to open the seal and hand over back the possession of Room no.2, Bldg.no.98A, 13th lane, Kamathipura, Mumbai- 400008. spb/- 2 wp859-11.sxw c) Any other suitable relief be granted to impart complete justice in the matter.” Learned single Judge while hearing this petition by order dated 10th February, 2011 disposed of the petition with liberty to the petitioner to avail alternate remedy, if available to the petitioner. 2 Reliefs which the petitioner has prayed for in the present petition are as follows : “a) This Hon’ble Court be pleased to declare that invocation of section 18 of PITA Act is illegal and shall be pleased to set aside the impugned order dated 09.09.2010. b) This Hon’ble Court shall be pleased to direct the police to open the seal and hand over back the possession of Room no.2, Bldg.no.98A, 13th lane, Kamathipura, Mumbai- 400008 after looking into public documents as annexed to this petition. c) Any other suitable relief be granted to impart complete justice in the matter.” It would thus be seen that the reliefs prayed for by the petitioner in the present petition and the reliefs prayed for by the petitioner in writ petition no. 3587 of 2010 are not only just and substantially similar but are spb/- 3 wp859-11.sxw identical. In the light of the earlier order (dated 10th February, 2011) passed by the learned single Judge, dismissing that petition, the present petition, according to us, is wholly misconceived and is not maintainable. It also appears that the earlier order of the learned single Judge has not been challenged so far. 3 The petitioner prior to filing of the present petition, filed a criminal writ petition no. 3089 of 2010 praying therein for the following reliefs : “a) This Hon’ble Court be pleased to direct the police to open the seal as put on my premises located at Room No. 98A, Room No.2, Gr. Floor, 13th Lane, Kamathipura, Mumbai- 400008. b) This Hon’be Court be pleased to initiate appropriate proceedings against Respondent Police for such illegal act. c) This Hon’ble Court be pleased to impose substantial cost for such illegal Act so as to act as deterrent so that same is not repeated in future and citizens are not harassed. d) Any other suitable relief be granted to impart complete justice in the matter.” 4 The Division Bench of this court by its order dated 22nd November, 2010 dismissed the aforesaid writ petition (Cri.W.P.No.3089/2010), spb/- 4 wp859-11.sxw holding that the grievance made by the petitioner in the petition was ill founded and unsubstantiated. 5 It would thus be seen that some of the reliefs prayed for in writ petition no. 3089 of 2010 are similar to the reliefs prayed for by the petitioner in the present petition. 6 In the light of the aforesaid earlier orders, we are not inclined to entertain this petition and this petition is therefore, deserves to be dismissed with costs of Rs.5000/-. [M.N.GILANI,J.] [P.V. HARDAS, J.] .....