1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.24/2008 [Dr. Balwant Sing Juneja .vrs. State of Maharashtra and three others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. S.G. Loney, Advocate with Mrs. S.S. Loney, Advocate for the petitioner, Mr. J.B. Jaiswal, APP for the respondents/State. .......... CORAM : K.J. ROHEE AND B.P. DHARMADHIKARI, JJ DATED : JULY 1, 2008 1. Heard the learned counsel for the petitioner and the learned APP for the respondents/State. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks direction to respondent nos.1 and 2 to register offence against respondent nos.3 and 4 (PI & PSI respectively) so also to initiate departmental inquiry against them. Another prayer of the petitioner is to quash FIR dated 30.12.2007 on the basis of which Crime No.272/2007 has been registered against the petitioner at Police Station City Kotwali, Amravati. 2 3. According to the petitioner, Mahant Choturam is the owner of the premises which were taken on lease by the petitioner from him by agreement dated 24.8.2007. On 30.8.2007 the petitioner lodged report at Police Station City Kotwali, Amravati to the effect that the officials of ICICI Bank were trying to obstruct the possession of the petitioner over the said premises. On the same day, the Manager of ICICI Bank lodged report against Mahant Choturam that he placed his own lock on the shutter of the shop on the ground floor which was in possession of the Bank. No action was taken in respect of both these reports. 4. On 26.11.2007 the petitioner lodged another report alleging obstruction to his possession by the Watchman and Guard of the Bank. However, no action was taken. On 30.12.2007 the Manager of ICICI Bank lodged report that the petitioner forcibly removed board of the Bank, broke open the locks as well as shutter, abused and threatened the security guard of the Bank. On the basis of the said report, Crime No.272/2007 under sections 448, 504, 506, 427 r/w 34 of the Indian Penal Code was registered against the petitioner and two others. 5. On 3.1.2008 the petitioner made report to the Commissioner of Police, Amravati in respect of the said 3 incident. According to the petitioner, the police officials did not take cognizance of the report lodged by him and on the other hand, favoured the Bank officials and proceeded against the petitioner. 6. It is not disputed that the suit premises were originally owned by Mahant Amardas. The document dated 10.2.2004 produced by the Bank shows that the lease was extended by Mahant Amardas in favour of Sangli Bank Limited till 14.12.2012. Mahant Amardas died sometime in 2005 and, thereafter, the name of Mahant Choturam was recorded as owner in place of Mahant Amardas. From the document on record, it is apparent that the possession of Sangli Bank [which is subsequently amalgamated with ICICI Bank] continued on the suit premises. Thus, there appears no illegality in the action taken by the Police on the basis of the report lodged by the Manager of ICICI Bank. We find no merit in the allegations made by the petitioner against the Bank as well as against the police officials. The petition is, therefore, dismissed. Needless to say that the petitioner is at liberty to move application for discharge before the concerned JMFC according to law. JUDGE JUDGE Gulande