1 wp-1776-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1776 OF 2011 Deepak s/o. Vashdev Hemnani ...Petitioner Versus The State of Maharashtra & anr. ...Respondents Mr.A.M.Saraogi for petitioner. Mr.A.S.Gadkari, APP for State. CORAM: B. H. MARLAPALLE & U.D.SALVI, JJ. July 27, 2011. P.C. 1. We have heard Mr.Saraogi, the learned counsel for the petitioner. As per the petitioner he has purchased Flat No. 1303 located in RNA Regency Park Tower Co-operative Housing Society Ltd., M.G. Road, Kandivali (West), Mumbai from respondent nos.5 and 6 and the said flat was financed by Vijaya Bank when it was purchased by respondent nos.5 2 wp-1776-2011 and 6. The petitioner has repaid the outstanding loan amount of Vijaya Bank and balance consideration amount to respondent nos.5 and 6. He has also been put in possession after the sale deed was signed on 19/5/2009. He also submits that the Co-operative Housing Society gave NOC in his favour and all the documents deposited with Vijaya Bank have been received by him. 2. The petitioner subsequently got knowledge that respondent no.3 has filed a dispute before the Debt Recovery Tribunal against respondent nos.5 and 6. The petitioner also came to know that the respondent nos.5 and 6 had obtained financial assistance in respect of the said flat from respondent no.4. It is the assertion of the petitioner that the NOC for hypothecation was given by the Co-operative Society only for the loan amount disbursed by Respondent No.2 and respondent nos.3 and 4 cannot be the lenders in law. He, therefore, prays for directions to register an FIR against respondent nos.3 & 4 and 5 & 6 on the grounds that the respondent nos.5 and 6 have conspired with respondent nos.3 and 4. 3. We are not impressed by these submissions. Whether respondent nos.3 and 4 had granted loan to respondent nos.5 and 6 by way of 3 wp-1776-2011 financial assistance in respect of the subject flat is an issue which can be investigated / inquired into by the civil forums and we do not see any case made out calling for investigation after registering an offence punishable under the Indian Penal Code. 4. If the dispute is pending before the Debt Recovery Tribunal, the petitioner may intervene by filing an interlocutory application and seek appropriate reliefs. 5. Hence the petition is rejected with liberty to the petitioner to approach the Debt Recovery Tribunal or any other civil forum. (U.D.SALVI, J.) (B. H. MARLAPALLE, J.)