SUSHMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of shri Manohar, learned Senior Counsel for the petitioner nos. 1 and 2, Shri Shrivastava, learned Counsel for the petitioner nos. 3 and 4, and Mrs. Khade, learned Additional Public Prosecutor for the respondent.

(2.) SHRI Manohar, learned Senior Counsel for the petitioner nos. 1 and 2, submitted that petitioner nos. 3 and 4 are the owners of plot No. 64 situated at Mount Road Extension, Nagpur. In the said premises, husband of petitioner no. 3 late Shri Vimal chandra Grover established a hotel, which is known as `hotel upvan'. Shri Vimal Chandra Grover expired on 25. 10. 2004. At that time, petitioner no. 4 was residing in U. S. A. Hence, petitioner no. 3 decided to permit petitioner no. 1 to run the said hotel. The petitioner no. 2 is the husband of petitioner no. 1, who helped petitioner no. 1 in running the hotel business.

(3.) LEARNED Senior Counsel Shri Manohar further submitted that in the year 2007, a dispute arose between petitioners in relation to running of the said hotel business. The petitioner no. 4 lodged a complaint with the Police Station, Sadar, nagpur against petitioner no. 2 and on the basis thereof, Crime no. 3011/2007 for the offences punishable under Sections 294 and 506 of Indian Penal Code came to be registered against petitioner no. 2. On the very day, i. e. 21. 1. 2007, another report/complaint was lodged by petitioner no. 1 against petitioner no. 4 with Police Station, Sadar, Nagpur and on the basis thereof, crime No. 33/2007 for the offences punishable under Sections 143, 147, 149, 506-B, 341 and 451 of Indian Penal Code came to be registered against petitioner no. 4. It was contended that on 22. 1. 2007 petitioner no. 3 lodged a complaint with Sadar Police station against petitioner nos. 1 and 2 and on the basis thereof, crime No. 35/2007 for the offences punishable under Sections 148 and 506 read with Section 34 of Indian Penal Code came to be registered against petitioner nos. 1 and 2. Learned Senior counsel Shri Manohar submitted that investigation in all these crimes is going on. It was submitted that on 23. 1. 2007, petitioner no. 1 filed Regular Civil Suit bearing No. 36/2007 against petitioner nos. 3 and 4 in the Small Causes Court, Nagpur for declaration and permanent injunction. The petitioner no. 1 also obtained an ex parte ad interim injunction for protecting her possession of the property.