Shradda Ashok Gaikwad v. The Superintendent Of Police And Another

2024:BHC-AUG:18185-DB cwp-1393.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 966 CRIMINAL WRIT PETITION NO. 1393 OF 2024 SHRADDA ASHOK GAIKWAD

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Mr. Abhishek C. Deshpande Advocate for Petitioner. Ms. P.R. Bharaswadkar, A.P.P. for Respondents. ...

CORAM: SMT. VIBHA KANKANWADI AND ABHAY S. WAGHWASE, JJ.

DATE : 14th AUGUST, 2024 ORDER :

1.

Heard learned Advocate for the petitioner. He points out that in the Judgment passed in Sessions Case No.149 of 2020, the learned Additional Sessions Judge, Aurangabad, has directed that the motorcycle 'Bullet' bearing No.MH-20-FK-6336 should be returned to the registered owner after the appeal period, upon due verification. The petitioner says that she is the registered owner and has produced on record the photocopy of the R.C. Book of the vehicle.

2.

According to the petitioner, respondent No.2 is not

cwp-1393.24 implementing the said order on the ground that appeal is now pending before this Court. In view of such situation, though the learned Advocate for the petitioner canvassing that the petitioner has no alternate remedy, yet since the appeal is pending, we are of the opinion that the Writ Petition is not maintainable. Thereupon, learned Advocate for the petitioner seeks leave to withdraw the Petition with liberty to approach this Court where the appeal is pending.

3.

In view of the said statement, the Writ Petition stands disposed of as withdrawn, with liberty as prayed for. [ABHAY S. WAGHWASE] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/AUG24