Naresh Karulal Jain v. The State Of Maharashtra

917 wp 2544-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2544 OF 2015 Naresh Karulal Jain ..Petitioner v/s.

The State of Maharashtra .

..Respondents Mr. A.H.Ponda i/b.J.B.Mishra for the Petitioner. Mr.Chetan Agarwal a/w. Mr. Ajay Bagadia for the Respondent No.2. Mrs.M.H.Mhatre, APP for the Respondent/State. CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : JULY 28, 2015.

P.C.

1.

Having argued the petition for some time, Mr. Ponda, learned Counsel for the petitioner seeks leave to withdraw the petition with liberty to approach the concerned Magistrate for return of the seized property under Section 457 of Cr.P.C. Leave with liberty as prayed for is granted.

2.

In the event the petitioner makes such application within period of one week from today, the concerned Magistrate shall decide the pps

917 wp 2544-15.doc said application after hearing the complainant, as expeditiously as possible and preferably within period of two weeks from the date of filing the application.

3.

It is expressly made clear that we have not gone into the merits of the respective claim or points and the contentions of the respective parties are expressly kept open.

(ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.) pps