1 (Crim WP 2862 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2862 OF 2010 Devang Shah ...Petitioner Vs. The State of Maharashtra ...Respondent ****** Mr.Ram Upadhaya i/b. Law Competere Consultus for Petitioner Mr. P.S. Hingorani -APP for the State ****** CORAM: V.M. KANADE J. DATED: 27TH OCTOBER, 2010 P.C. 1. Heard the learned counsel appearing on behalf of the Petitioner and the learned APP for the State. 2. By this petition, which is filed under Article 226 of the Constitution of India, the Petitioner is challenging the order passed by the Investigating Officer, who was pleased to seal the suit premises which consisted of a shop premises which is owned by the Petitioner. 2 (Crim WP 2862 of 2010) 3. It is the case of the Petitioner that he has nothing to do with the criminal complaint which was filed against the persons who were in possession of the shop premises as licencee. The Petitioner by leave and licence agreement dated 23rd July, 2008, which was duly registered, had given possession of the shop to the accused Gangadhar C. Shetty. The complaint was filed against Petitioner under section 420 of the IPC . The said case is pending. It is submitted submitted that the police have no authority to seal his shop. 4. The learned APP for the State has taken instructions and it is submitted that the police have no objection if the suit premises is handed over to the Petitioner provided he does not create any third party rights. 5. In a similar petition filed by another owner who had also given his shop to the accused Gangadhar Shetty , this Court in Criminal Writ Petition No.1036 of 2010, by order dated 6th August, 2010 was pleased to direct the police to hand over the possession of the shop premises subject to certain terms and conditions which were imposed in the said order. 3 (Crim WP 2862 of 2010) 6. Under the circumstances, therefore, this petition also will have to be allowed. The police shall hand over the possession of the shop premises to the Petitioner. The Petitioner may give the said shop premises on leave and licence. However, he shall not create any third party rights in respect of the said premises or sell the shop premises. Liberty, however, is granted to the Petitioner for vacating this condition by filing an appropriate application before the Borivali Court after the chargesheet is filed. If such an application is made, after the chargesheet is filed, the same may be considered in accordance with law. 7. Writ petition is, accordingly, disposed of in the aforesaid terms. (V.M. KANADE J.)