1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1664 OF 2008 Devkinandan Manguram Gupta ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.A.R.Pande, Advocate, for petitioner Mr.J.P.Yagnik, A.P.P, for the State CORAM : A.S.OKA, J. DATE : 19TH SEPTEMBER, 2008 P.C. . The petition has been filed on the basis of apprehension recorded in paragraph 18 in which it is stated that a constable of Kandivali Police Station came to the premises of the petitioner and warned the petitioner's men to shut down the business or that the same will be done forcibly. As directed by this Court, a reply has been filed by one Shri Laxman Narayan Chavan, a Police Inspector attached to Kandivali Police Station. Paragraph 12 of the said reply reads thus :- 2 “With reference to para 18 of the petition, I deny that the Constable from Kandivali Police Station had visited on 06.08.2008 and given any such oral notice or warned the petitioner that if within 48 hours the petitioner fails to remove all his machines from the said shop, he will not only forcibly says the said machines but he will also sealed the said shop and shall take further action under the Bombay Police Act. I say that this is the just, concocted and false story made by the petitioner just to create a false ground to approach this Hon'ble Court.” The aforesaid Statement made in the reply is accepted. 2. In view of this factual position, it is not necessary to entertain the petition as of today. The petition is, therefore, disposed of by keeping all the legal contentions of the petitioner expressly open. (A.S.OKA, J.)