1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT WRIT WRIT PETITION NO.1668 OF 2006 PETITION NO.1668 OF 2006 PETITION NO.1668 OF 2006 Nandkumar Babulal Soni .... Petitioner versus Union of India & ors .... Respondents Ms.Bhavana Shah, Advocate for Petitioner Ms.S.D.Shinde, A.P.P. for Respondents CORAM CORAM CORAM : : : J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT.ROSHAN SMT.ROSHAN SMT.ROSHAN DALVI, JJ DALVI, JJ DALVI, JJ DATED DATED DATED : 11th October, 2006 : 11th October, 2006 : 11th October, 2006 P.C. P.C. P.C. 1. Learned Advocate appearing for the petitioner submits that the petitioner has already withdrawn the brief from them and she has no instructions in the matter. It is submitted that in the trial Court, the learned counsel was discharged on this 2 ground. 2. Considering the nature of reliefs sought for in the petition that the search and seizure conducted by the respondent no. 6 at the shop premises of the petitioner’s brother where the petitioner was also conducting his business is illegal, malafide and in violation of the fundamental rights guaranteed under the Constitution of India and that the petitioner be discharged in the offence under section 411 and 120B of the IPC for want to have any nexus between the alleged gold bars in the offence registered on 9th September, 1997 and for expediting Special Case No.37 of 2002 by directing the respondent no. 2 to first examine the names of the witnesses, the names of whom are given in the prayer clause (c), we are of the view that such reliefs cannot be granted and otherwise also, learned counsel submits that the trial must have been concluded and therefore, the petitioner has not taken any interest in following up the petition filed before this Court. 3. As we have already expressed that such reliefs could not be granted by this Court in exercise of its writ jurisdiction, we dismiss the petition and 3 as such Criminal Application No. 647 of 2003 does not survive and is rejected. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J) (J.N.Patel,J) (J.N.Patel,J) (J.N.Patel,J)