1 / 3 103.wp710.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 710 OF 2026 MR RAMJAN RAHEMATULLAH SHEIKH VS THE STATE OF MAHARASHTRA, AND OTHERS. ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------- Mr. S. Raisuddin, Advocate for petitioner. Ms. H.N. Jaipurkar, APP for respondent/State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATE : 08.09.2026 Heard Shri Raisuddin, learned counsel for the petitioner. The petitioner has approached this court praying for following reliefs:- “(I) issue appropriate writ, order and direction to the respondent No.2 to take legal and appropriate action against the respondent No.3 to 6 and to register offence as per provisions of law against the respondent No.3 to 6. (II) be pleased to direct to the respondents to restore peaceful possession of the petition and to hand over the actual and physical possession of the said house property to the petitioner and to direct to the respondent No.3 to 6 to pay the compensation and damages amount of Rs.30,00,000/- to the petitioner in respect of illegal dispossession, the petitioner in the said house property.” Prity 2 / 3 103.wp710.2026 2. So far as the prayer clause (I) is concerned, the petitioner is seeking direction to register an offence as per the provisions of law against the respondent Nos.3 to 6. So far as the aforesaid relief is concerned, the petitioner is having remedy of pursuing the provisions under Section 175 of the BNSS, before jurisdictional Magistrate. 3. Prayer Clause (II) pertains to issuing the directions to the respondents to restore peaceful possession to the petitioner of the property involved in question. Perusal of the petition reveals that the petitioner has already filed Special Civil Suit No.926 of 2025 against all the present respondents (the original defendants) pertaining to such conduct of the respondents in dispossessing the petitioner. Thus, the petitioner can approach the learned Trial Court and seek necessary directions by filing an appropriate application. 4. In view of such alternate remedy available to the petitioner, Shri Raisuddin, the learned counsel for the petitioner upon instructions seeks permission to withdraw the present writ petition with liberty to avail the aforesaid remedy. 5. Permission is granted. 6. Writ petition is disposed of as withdrawn with liberty as prayed for. Prity 3 / 3 103.wp710.2026 7. Needless to mention that this court has not entered into the merits of the matter and thus, all the contentions as raised in the present criminal writ petition are kept open. (Raj D. Wakode, J.) (Urmila Joshi-Phalke, J.) Prity Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 09/09/2026 10:03:15