Prachi Mandar Ranadive v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1515 OF 2016 Mrs.Prachi Mandar Ranadive .. Applicant Vs.

State of Maharashtra & Anr.

.. Respondents ......

Ms.Sunanda Kumbhat, Advocate for the Applicant. Ms.P.N. Dabholkar, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JUNE 8, 2018.

P.C. :

The applicant is seeking for following reliefs: "a) That this Hon'ble Court be pleased to quash and set aside the order/letter dated 01-12-2016 issued by Mr.Deepak Mayekar, Police Inspector (I.O.), Mahim Police Station, Mumbai directing the Respondent No.2 to freeze the Account Nos.5111533027 & 5111529389 held by the Applicant in Respondent No.2 Bank.

b) That this Hon'ble Court be pleased to direct the Respondent No.2 to allow the Applicant to operate her Bank Account Nos.5111533027 & 5111529389 held by the Applicant in

rpa 2/3 Respondent No.2 Bank.

c) That this Hon'ble Court be pleased to direct the Respondent No.2 to allow the Applicant to operate her locker No.5 held by the Applicant in Respondent No.2 Bank.

d) Any other and further relief as this Hon'ble Court may deem fit."

Learned APP submitted that during the pendency of this petition, the charge -sheet has been filed against the accused including the present applicant and the same is pending in the Court of learned Metropolitan Magistrate 9th Court at Bandra. In the circumstances, the applicant may approach trial Court by preferring appropriate application for above reliefs. Learned counsel for the applicant submitted that the powers were exercised by police arbitrarily under Section 102 of Cr.P.C. This petition is pending in this Court since December 2016 and the same was adjourned from time to time. This Court can exercise the powers under Section 482 of Cr.P.C. and the applicant should not be relegated to resort any other remedy available in law.

rpa 3/3 However, taking in to consideration that the charge - sheet is filed. It would be appropriate for the applicant to prefer an application before the appropriate Court for seeking reliefs prayed in this application. Criminal Application is disposed of accordingly.

In case, such an application is preferred, the same shall be decided by Court as expeditiously as possible and preferably within a period of three months from date of filing. It is made clear that this Court has not expressed any views on the merits of the case and the Court dealing with such application shall decide the same in accordance with law. (PRAKASH D. NAIK, J.)