1 2747.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2747 OF 2010 Mr.Ali Akbar Mohd.Sami Choudhri ...Petitioner Versus State of Maharashtra & Ors. ...Respondents ...... Mr.A.M.Saraogi for Petitioner. Mr.A.S.Gadkari, A.P.P. for Respondent No.1. Mr.Shoaib Memon for Respondents 2 & 3. ...... CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. (IN CHAMBER) DATED:- OCTOBER 11, 2010. P.C. 1. This is habeas corpus Petition for production of Smt.Nafees Choudhri. According to the Petitioner, the said Smt.Nafees Choudhri was in unlawful custody of Respondents 2 and 3. However, now the said Smt.Nafees Choudhri has been produced before the Court. She has appeared along with the Petitioner himself and states that she is presently staying with her son at Flat No.3, 1st Floor, Bansri Apartment, Pali Naka, Bandra (West), Mumbai – 400 050. In view of the above, nothing survives for consideration insofar as relief in terms of prayer clause (a) is concerned. 2 2747.10.sxw 2. Insofar as reliefs in terms of prayer clauses (b) and (c) are concerned, the learned A.P.P. on instructions of Mr.Rajendra Baviskar, A.P.I., Khar Police Station states that on the basis of the grievance made by the said Smt.Nafees Mohammed Sami Choudhri, which communication was sent to the Commissioner of Police dated 14th September 2010 and after recording of statement of said Smt.Nafees Choudhri, appropriate action as may be required in accordance with law, shall be proceeded with by the local police. In view of the above, nothing survives for our consideration even with regard to prayer clauses (b) and (c). 3. Reply affidavit filed on behalf of Respondents 2 and 3 be tendered in the Registry in the course of the day. 4. Petition is accordingly disposed of without expressing any opinion on the correctness of the rival stand with regard to the factum of possession of ownership of the disputed property. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)