1 wp-389-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 389 OF 2011 Mr.Melroy Jerome Kinny ...Petitioner Versus The State of Maharashtra & ors. ...Respondents Mrs.Anjali Patil i/b. Mr.Sujeet Kurup for petitioner. Mrs.P.P.Shinde, APP for State. Mr.M.I.Javed for resp.nos.5 to 8. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 7, 2011. P.C. 1. We have heard Mrs.Patil, the learned counsel for the petitioner. We have also perused the affidavit in reply filed by Mr. Ramarao Desai, 2 wp-389-2011 Senior Inspector of Police, Mahim Police Station, Mumbai. 2. On the basis of the complaint lodged by the petitioner as the Power of Attorney Holder of Mr.Melroy Jerome Kinny, C.R.No.27/2011 has been registered with Mahim Police Station on 17/1/2011. As per the affidavit filed by the Senior Inspector of Police, respondent no.5 was arrested consequent to the said CR and four wheel chairs came to be recovered from the subject premises. However, during the course of investigation when the statement of respondent no.7 was recorded by the I.O., the said respondent stated that present respondent no.5 has been residing in the said premises since her birth along with her family. Respondent no.7 further stated that in the year 2005, he had rented the above premises to Mr.Melroy J. Kinny for his office and since last two years he did not hear anything from Mr.Kinny, who is not a resident of India. 3. Under these circumstances, if the petitioner claims some right on the subject premises as a Power of Attorney Holder of said Mr.Melroy Kinny, his remedy would be to approach the appropriate lower Court and this petition cannot be entertained. 3 wp-389-2011 4. The petition is dismissed. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)