- 1 - 3168 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3168 OF 2010 Shri Pramod Purushottam Sathe & ors .. Petitioners vs Rohidas Chandrakant Ubale & anr.Respondents Mr.Baba Chitnis,Sr.adv. With Mr.S.S.Kulkarni for Petitioners Ms.Geeta Mulekar APP for Respondent-State Mr.Uday Warunjikar for Respondentt no.1 CORAM: N.D.DESHPANDE, J DATE: 21st February,2011 P.C. 1. Heard Mr.Chitnis learned senior advocate for the Petitioner nos. 1 to 3. Petition is filed against respondent nos. 1 and 2. Respondent no.2 is State of Maharashtra through police station Lonikand police station. 2. This is a Petition filed under section - 2 - 3168 482 of Cr.P.C. invoking the inherent powers of High Court in the matter of criminal justice praying for quashing of FIR NO.19 of 2010 registered with respondent no.2-Police station on a complaint of respondent no.1 disclosing certain offences under sections 447, 504, 506 read with section 34 IPC. 3. Perused the Petition. Heard both sides and submissions of their respective counsel. The dispute is over immovable property being Gat no. 1344/as5 +6/1,Gat No.1344/5+6/2 and 1346/1 (Old Gat nos. 2330/5, 2330/6, and 2332/1 respectively). It is also described as suit property in a petition. Admittedly, there is a civil suit filed and pending between the parties. It is also described as part and parcel of joint family property and there is also agreement to purchase the suit property between petitioner nos. 1 and petitioner nos. 2 and 3 on other side. It - 3 - 3168 is also stated that there is a civil dispute which is pending between petitioner nos. 2 and 3 and respondent no.1. There are series of litigations. Most of the averments are pleadings made in the civil suit. Thus, the petition involves questions of facts as to share and possession of property. Admittedly, complaint filed by respondent no.1 is about trespass and interference in the peaceful enjoyment of the property which they have agreed to purchase between themselves. Prima facie, it appears that they have approached appropriate forum, concerned police station for reporting the offences. Normally no court would interfere in the investigation. No case is made out. 4. With these observations, Petition is dismissed summarily having no merits at the stage of admission. However, liberty is given to the petitioner to file a petition - 4 - 3168 in case charge sheet is filed against the accused by adopting appropriate remedy available in law. N.D.Deshpande, J