Richin John Koshy v. Central Bureau Of Investigation And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 1114 OF 2017 Richin John Koshy

...Petitioner

Versus

Central Bureau of Investigation, BS & FC & Ors.

...Respondents

----- Mr.Subhash Jha a/w. Ms.Sanjana Pardeshi, Mr.Ashish Jha I/b. Law Global Advocates for the Petitioner.

Mr.H.S.Venegaokar for Respondent No.1-CBI.

Mr.A.R.Patil, APP for Respondent No.3- State. ----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : DECEMBER 18, 2018 P.C.:

1.

This petition is directed against the order dated 22.07.2016 passed by the learned Additional Sessions Judge/ Special Judge (CBI), thereby rejecting the prayer of returning of the laptop, which was seized from the accused and also rejecting the prayer of returning of the passport, which was taken in custody by CBI.

2.

The petitioner is not an accused, but he is a son of accused No.1 Suja Koshy. Accused No.1 Suja Koshy had moved an application before the learned Trupti 1/2

2-wp-1114-2017.doc Additional Sessions Judge/ Special Judge (CBI) under section 451 of the Code of Criminal Procedure. Accused No.1 Suja Koshy has not challenged the order dated 22.07.2016 passed by the learned Additional Sessions Judge/ Special Judge (CBI) in this petition, but her son i.e., the present petitioner, has filed this petition against the said order.

3.

Hence, I am of the view that the petitioner has no locus to file this petition, however, he may move an application under section 451 of the Code of Criminal Procedure before the trial Court. Petition is dismissed on the ground of locus. (MRIDULA BHATKAR, J.) Trupti 2/2