BALIRAM RAMCHANDRA BOBHATE Vs. DATTARAM RAMCHANDRA BOBHATE

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the Petitioner/original accused, being aggrieved by the order dated 23rd July, 1992 passed by the Additional Sessions Judge, Greater Bombay, dismissing the Criminal Revision Application No.292 of 1991 made by the petitioner.

(2.) I have heard Mr. Mohite for Petitioner, so also, Mrs. Jyoti S. Pawar, learned A. P. P. for Respondent No.2 - State. I have also perused the proceedings. It appears that the original applicant had filed an application under Section 145 of the Code of Criminal procedure, 1973 in the Court of the Additional Chief Metropolitan Magistrate, 47th Court, Bandra Bombay. It appears that the petitioner Baliram Ramchandra Bobhate and the Respondent No.1 Dattaram Ramchandra Bobhate are real brothers and dispute is between them with respect to their tenanted premises, situated at E/18/12 Rajarashi Shahu Nagar, Dharavi, Bombay - 400 017. It is a one room tenement, consisting of a hall, Kitchen and balcony. It also appears that the Magistrate, after dropping proceedings under Section 107 of the Code of Criminal Procedure, 1973 also dropped proceedings under Section 145 of the Code of Criminal Procedure, 1973, as according to the Magistrate, there was no breach of peace, nor any apprehension of the breach of peace, as the Petitioner had already taken recourse to Civil remedy by filing a Civil Suit No.2659 of 1989 in the Bombay City Civil Court, which is pending.