Jehangir Nabi Patil v. Senior Inspector Of Police And ANR.

37.wp3963.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3963 OF 2014 Jehangir Nabi Patil.

...Petitioner.

Versus

Sr. Inspector of Police, Azad Maidan Police Station & anr.

...Respondents

None for Petitioner.

Smt. Aruna S. Pai, APP for State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 28, 2019.

P.C.:

Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai on 17/9/2014 has rejected the prayer to delete condition imposed in letter dated 12/10/2007 sent to RTO, Tardeo, Mumbai, thereby not permitting sell of that vehicle. Reason given is he had exercised jurisdiction under section 451 of the Code of Criminal Procedure, 1973 and the prayer did not fall within the ambit of that section. Nobody appears for petitioner. The matter has remained pending since 2014 without any effective order. Learned APP submits that proceedings as filed Talwalkar

37.wp3963.14.doc invoking section 482 of the Code of Criminal Procedure, 1973 are not maintainable.

We find no substance in the challenge. Petition is accordingly disposed of.

(SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar