MOHD SADIQ MOHD RAZA SHAIKH @MUNNA Vs. SENIOR INSPECTOR OF POLICE (BYCULLA POLICE STATION, MUMBAI) & ORS

JUDGEMENT

(1.) Admit. Heard finally.

(2.) Heard learned Advocate Mr. Sathyanarayanan for the applicant, learned Advocate Mr. Y.E. Mooman for respondent No. 2 and the learned additional public prosecutor for the State.

(3.) Respondent No. 1 is Senior Inspector at Byculla Police Station and respondent No. 3 is the State of Maharashtra. There was a dispute in respect of Plot No. 21 which in fact belongs to the Bombay Port Trust (BPT). The possession of the plot was claimed by the applicant (original respondent No. 2 -Mohd. Sadiq Mohd Raza Shaikh @ Munna) on one hand and original respondent No. 3 -Mr. Peer Mohd. Munsi Razak Khan on the other hand. It was in actual physical possession of the respondent No. 2 (original respondent No. 1). The matter was reported by the Magistrate to the police. Therefore, police were cited as 'applicant' in the original proceedings before the Magistrate.