Manik W/O Anil Lonkar v. The Central Bureau Of Investigation Thr. Superintendent Of Police And 7 Others

1 922.cri.wp.492.2022

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.492 OF 2022 Manik w/o Anil Lonkar ..vs..

The Central Bureau of Investigation and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H. Chitaley, Advocate for the petitioner. Mrs. Mugdha Chandurkar, Advocate a/w Shri P. Sathianathan, S.P.P. for respondent no.1.

Shri Eeshita Wadodkar, Advocate for respondent no.4. Ms Prutha Masodkar, Advocate for respondent no.5. Shri K. Sachdev, Advocate for respodnent no.6. Shri N. Deshpande, D.S.G.I. for respondent no. 8.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI , J J.

DATED :

04/04/2024.

Heard.

2.

The petitioner's property in the form of Bank locker having documents, valuables security with certain ornaments as well as bank account have been seized by the Central Bureau of Investigation ('CBI') in connection with Crime No.RC 028 of 2017 in terms of search conducted during the investigation as per Section 102 of the Code of Criminal Procedure. The petitioner is seeking for release of seized property.

3.

It is brought to our notice that after completion of investigation, charge-sheet has been filed and the seizure has been reported to the Special Judge, who is seized with the matter.

4.

It is the contention of the respondents that the petitioner is the wife of one of the accused as well as a

2 922.cri.wp.492.2022 Director of a Company, where allegedly money has been diverted.

5.

Since the Special Judge is seized with the matter, the petitioner may invoke appropriate remedy in terms of Section 457 of the Code. We may clarify that the petitioner applying to the concerned Court does not amount to the acceptance about legality of seizure by the petitioner. All questions are kept open.

6.

The petitioner's grievance about issuance of Passport has no longer survived, which is taken note of. 7.

The Criminal Writ Petition stands disposed of. (MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti