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Bombay High CourtWP/3683/2023disposed off

Pratik Sudhir Jadhav Another v. The State Of Maharashtra Through The Secretary And Another

2023-03-31Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

1 wp 3683.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3683 OF 2023 Pratik Sudhir Jadhav and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Hrishikesh V. Tungar, Advocate for the Petitioners. Shri S. B. Pulkundwar, A.G.P. for the Respondent Nos. 1 and 2. CORAM :

NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE :

31ST MARCH, 2023.

FINAL ORDER :

.

The petitioner No. 1, claims to be owner of Skoda Superb vehicle bearing registration No. MH-20/BY-9996, which he intends to sell having been put in jail i. e. judicial custody in crime No. 359/2022 registered with Satara Police Station, Aurangabad so as to meet with the legal expenses that will be incurred so as to face the legal proceedings. 2.

According to the petitioner No. 1, since he is in judicial custody the directions be given to the respondent No. 2 to permit the petitioner No. 2 to execute the transfer documents in appropriate forms issued by the Road Transport Authority so as to transfer the said vehicle in accordance with law. Learned counsel for the petitioners has brought to our notice a request to

2 wp 3683.23 that effect made by the petitioners to the respondent No. 2. 3.

In this background, when confronted, learned Assistant Government Pleader Mr. Pulkundwar submits in the facts and circumstances of the case, this Court may pass appropriate order in the matter.

4.

Once the petitioner No. 1 claims that he is owner of the aforesaid vehicle, even if he is in judicial custody, he is entitled to deal with the vehicle and transfer the said vehicle may be for appropriate cause. In this background, if request for execution of the transfer documents in relation to aforesaid vehicle are moved before the respondent No. 2, we direct the respondent No. 2 to process the same and decide the same expeditiously. The writ petition is disposed of.

[ S. G. CHAPALGAONKAR, J.] [NITIN W. SAMBRE , J.] bsb/March 23