AJN IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.57 OF 2007 Govind Shamu Rathod ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. K.K. Tiwari for the petitioner. Mr. M.S. Mhambre, A.P.P. for the State. Ms. A.N. Pathan for respondent 2. CORAM : SMT. RANJANA DESAI & D. B. BHOSALE, JJ. DATED : 17TH APRIL, 2007. P.C.:- 1. In this petition, the petitioner has prayed that the police be directed to take cognizance of the petitioner's complaints dated 7/12/2006, 8/12/2006 and other complaints and remove the illegal and unauthorized business of Vadapav in front of the petitioner's shop. So far as removal of the illegal and unauthorized business is concerned, no such direction can be issued to the police as prayed for. However, it is open for the petitioner to approach the concerned authority for this prayer. We are informed that the suit filed by the petitioner is pending before the City Civil Court at Bombay. The petitioner will be at liberty to prosecute the said suit. AJN 2. The grievance of the petitioner is that the police have adopted a partisan approach and they have not taken action against respondents 6, 7 and 8. We have perused the affidavit of Ashok Kashiram Gajbhiye, the Assistant Police Inspector attached to the Cuffe Parade Police Station, Mumbai. We have also perused the affidavit filed on behalf of the petitioner. Having perused the affidavit of Mr. Gajbhiye, the Assistant Police Inspector, we feel that the allegations that the police are adopting a partisan approach are not true. However, we expect the police, in future also, to adopt impartial approach and deal with the complaints, if any, filed by the petitioner and respondents 6, 7 and 8. The petitioner and respondent 6 are present in the court. They have made a statement that, in future, they will refrain from indulging in any activities which will result in breach of peace. This statement is accepted. The petition is disposed of. [SMT. RANJANA DESAI, J.] [D. B. BHOSALE, J.]