Sachin Hiraman Shinde v. The State Of Maharashtra

7 WP 4927 OF 2017.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4927 OF 2017 Sachin Shinde ...

Petitioner.

V/s.

The State of Maharashtra ...

Respondent Mr. Shaikh E. Noormohammad, for the Petitioner.

Ms. M. R. Tidake, APP for the Respondent State.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE :19th DECEMBER, 2017.

P.C. :

1] Heard learned counsel for the petitioner and learned APP for State.

2] This petition is filed challenging the order dated 8.8.2017, passed by the Additional Sessions Judge, Kalyan, thereby dismissing the Criminal Revision Application No.54 of 2017, filed by the petitioner. The said Criminal Revision Application was filed against the order dated 3rd April, 2017, passed in Criminal Application No.69 of 2017, by the Judicial Magistrate First Class, Shahapur, thereby rejecting petitioner's application for return of the property. 3] The learned APP, on instructions from Mr. K.L.Patekar, 1/2

7 WP 4927 OF 2017.odt Assistant Sub Inspector, submits that charge sheet will be filed in the trial Court within 8 days.

4] In view thereof, it would be in the fitness of things, if the writ petition is disposed, by giving liberty to the petitioner to apply before the trial Court for return of the property after charge sheet is filed.

5] Accordingly Writ Petition is disposed of with liberty to the petitioner to make an application before the trial Court for return of the vehicle after the charge sheet is filed.

6].

It is made clear that this Court has not entered into contentions raised for and on behalf of petitioner and respondent and all the contention are left open.

6.

Parties to act on the authenticated copy of this order. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2