Kiran Gulab Pokharkar v. The State Of Maharashtra And ANR

by RUPALI RAJESH WAKODIKAR Date:

2022.03.15 14:52:34 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 693 OF 2022 Kiran Gulab Pokharkar

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Nitin Gaware Patil for the Petitioner.

Mrs. P.P.Shinde, A.P.P for the Respondent No.1-State. CORAM : REVATI MOHITE DERE, J.

DATE : 11 th MARCH, 2022 P.C. :

1.

Heard learned Counsel for the petitioner.

2.

Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. 3.

By this petition, the petitioner has impugned the order dated 11th January, 2022 passed by the learned Judicial Magistrate, First Class, Ghodegaon, Taluka Ambegaon, District Pune, below Exhibit-1, in Criminal Miscellaneous Application No. 285 of 2021. By the said order, the learned Magistrate rejected the petitioner's application seeking return of property, on the premise that confiscation proceedings had commenced and that the 1/3

Revenue Officer had imposed penalty.

3.

Learned Counsel for the petitioner relied on the Judgment of this Court passed in Criminal Writ Petition No. 35 of 2021 dated 22nd January, 2021, Writ Petition No. 3117 of 2021 dated 30th September, 2021 and other Judgments.

4.

In the said Judgments relied upon by the learned Counsel for the petitioner, it is clearly stated that the Magistrate shall not treat the powers conferred upon the Revenue Officer under the MLRC as putting any fetters on his powers exerciseable under Section 457 of the Criminal Procedure Code.

5.

Considering the said Judgments, the impugned order dated 11th January, 2022, passed by the learned Judicial Magistrate, First Class, Ghodegaon, below Exhibit-1 in Criminal Miscellaneous Application No. 285 of 2021 is quashed and set aside and the matter is remitted back to the trial Court for fresh consideration in light of the Judgments relied upon by the learned Counsel for the petitioner. Since the matter is remitted back to the trial Court, Miscellaneous Application No. 285 of 2021 stands restored back to its original file. The learned Judge to decide the said application, as expeditiously as possible, and in any event, within two weeks from the 2/3

date of receipt of this order.

6.

The petition is disposed of on the aforesaid terms. 7.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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