SHEILA MASSEY Vs. MARJORIE FERNANDESE

JUDGEMENT

(1.) THE matter arises out of a complaint made by the petitioner before the Court of Metropolitan Magistrate, 30th Court, at Kurla, Bombay in Case No.1344N/1985 whereby she alleges that she was occupying flat No.12, 'B' Block, Margaret House, Antop Hill, Wadala, Bombay 400 037 and she was dispossessed by the 1st respondent's husband Mr. Jerome Fernandes (who expired on 19.12.1989) and several instances of attempt of dispossessing her were also mentioned in the complaint. Ultimately, the petitioner alleges that on 9th September,1985, she went to visit her mother at Thane Belapur and after spending few days with her mother who is aged 75 years, she returned on 21st September, 1985 and at that time she found that her Godrej padlock was removed and another lock was put on the front door of her flat. On enquiry by her, it was revealed that Respondent Nos.1 and 2 had illegally occupied her premises by breaking open the lock and they had put their own lock. She made complaint before the Dy. Commissioner of Police in the morning and Crime No.417 of 1985 under section 455, 457, 380, 114 I.P.C. was registered and both respondent Nos.1 and 2 were arrested by Antop Hill Police station. It is based on these allegations she approached the Magistrate to invoke jurisdiction under Sec.145 of Cr.P.C. The Magistrate gone into the question of possession and found that she was dispossessed. Against that the first respondent has filed Revision Application before Addl. Sessions Court, in the Court of Sessions, Greater Bombay and in the Revision Order, the finding in regard to possession entered into by the Learned Magistrate was set aside and the possession was found in favour of the 1st respondent.

(2.) HEARD Mr.Lalla for the Petitioner, Mr.Sandeep Velkar for Respondent Nos.1 to 4 and Shri M.P. Galeria, A.P.P. for State respondent No.5.

(3.) IN view of this, entire proceedings before the Magistrate and subsequent proceedings in the Sessions Court are quashed. The complaint filed by the petitioner before the Magistrate stands dismissed.