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2025 DAILYLAW 76687 (BOM)

MOHAMMED HASAM QURESHI v. SR. INSPECTOR OF POLICE (SHIRISH GAIKWAD) AND ORS.

WP/2140/2018 · 2025-11-04

Shri Shyam C Chandak, Smt Bharati Dangre

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

P.H. Jayani 15 WP2140.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2140 OF 2018 Mohammed Hasam Qureshi …. Petitioner V/s. Sr. Inspector of Police, Mumbai and Ors. …. Respondents None for the Petitioner. Mr. S.R. Agarkar, APP for the Respondent – State. CORAM : BHARATI DANGRE & SHYAM C. CHANDAK, JJ. DATED : 04th NOVEMBER, 2025 P.C. :- 1) None for the Petitioner. We have perused the pleadings in the Petition and we find that the grievance of the Petitioner is against Respondent No.1 – Senior Inspector of Police, Mumbai as well as the Commissioner of Police, Mumbai as the Petitioner has sought restrain Order against them from evicting the Petitioner from the commercial premises which he is in occupation so that they are compliant with their duty endowed upon them in law. On perusal of the reliefs and the pleadings in the Petition and specifically the Petition being filed as a Criminal Writ Petition, we do not think that such a relief can be granted which is in the form of Writ of Mandamus against the Police Officers on the guise that it is their duty to 1/2 P.H. Jayani 15 WP2140.2018.doc protect the Petitioner and as the expectation of the Petitioner is that the police should be courteous, well-mannered, behave with dignity, act impartially and render necessary assistance to all irrespective of the class to which they belong. 2) Though the image of the police force which the Petitioner carries, may be an ideal image but definitely the relief sought by him cannot be granted by this Court through a Writ jurisdiction. Hence, the Writ Petition is dismissed. (SHYAM C. CHANDAK, J.) (BHARATI DANGRE, J.) 2/2 PREETI HEERO JAYANI Digitally signed by PREETI HEERO JAYANI Date: 2025.11.07 19:10:29 +0530