JAMILABI MOHAMMAD SALIM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is yet another instance of the police interfering unnecessarily in a genuine civil dispute where both the rival parties had dispute regarding possession of a room and resorted to section 145 of Cr. P. C. under the guise that there is likelyhood of a breach of peace.

(2.) THE matter arises out of a complaint made before the P. I. , Pydhonie Police Station by one Smt. Zubeda Kasam, third respondent herein. She claims to be residing on the 4th Floor (Northern Side) of Haji Ahmed Devji Building situated at 99, Mohammed Ali Road, Bombay-3. She went to the police station on 28-3-1991 and lodged complaint that she has been using disputed room for the last several years and an attempt was being made to dispossess her by one Majid who is the son of Jamilabi, the petitioner herein. It was alleged that Majid and 2/3 unknown persons came to her room and broke open the lock put on the room and took away Rs. 95,000/- kept in the cupboard which was kept in the said room, Ultimately, this complaint led to the initiation of the proceedings by the Add. Chief Metropolitan Magistrate, 30th Court, Ballard Estate under the provisions of section 145 of the Cr. P. C.

(3.) ON issuance of process by the Magistrate, both the petitioner and respondents filed their pleadings and adduced their evidence to prove the possession of the room in dispute as on 28-3-1991. The learned Magistrate by its order dated 28-7-1995 has found that the petitioner is in possession of the suit room on the relevant date. Against this finding, the third respondent filed Revision before the Court of Sessions, Greater Bombay under section 397 of Cr. P. C. as Criminal Revision Application No. 271 of 1995. The Revisional Court set aside the order of the learned Magistrate and found that the third respondent was in possession of the disputed room on the relevant date. It is against this order, that the petitioner approached this Court by way of this writ petition purported to be filed under Article 227 of Constitution of India.