Surekha Harish Patil v. The State Of Maharashtra

SPB/ 2WP3554-2021.doc by SHALIKRAM PRALHADRAO BOREY Date:

2022.09.27 16:00:38 +0530 SHALIKRAM PRALHADRAO BOREY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 3554 OF 2021 Mrs. Surekha Harish Patil ... Petitioner/ Applicant.

Versus

The State of Maharashtra ... Respondent.

--- Mr. Bhushan Mahadik, Advocate a/w. Shashank Wadke i/by Mahadik and Associates for the Petitioner.

Smt. J. S. Lohokare, APP for the State-Respondent. --- CORAM : SARANG V. KOTWAL,J.

DATE : SEPTEMBER 26, 2022.

P.C. :- 1.

Leave to amend, to correct the title of the petition, is granted so as to mention appropriate provision under which this writ petition is filed.

2.

Amendment to be carried out forthwith.

3.

This writ petition challenges three orders dated 29.01.2018, 17.12.2018 and 22.08.2019 passed by the Additional Sessions Judge, Nashik in Criminal Miscellaneous Application No. 136 of 2013. By the said impugned orders, the properties of the accused before that court were attached. The 1/2

SPB/ 2WP3554-2021.doc contention of the petitioner herein is that one of the properties was belonging to the petitioner herein and the accused has no right to that property. In the past the owner of that property had sold it to the petitioner and, therefore, the petitioner challenges all these three orders. All these facts were not brought to the notice of the trial court, which had passed those orders. Therefore, it would be appropriate if the petitioner approaches the same court and puts-forth her case, as, according to her, she is directly affected by the impugned orders.

4.

Therefore, liberty is granted to the Petitioner to approach the same court and point out her case. If such an application is made in respect of her own property which has nothing to do with the properties of the accused, such application shall be decided as early as possible.

5.

Learned APP has no objection for this course of action. 6.

With this direction and liberty, the Petition is disposed of. (SARANG V. KOTWAL, J.) 2/2