Bombay High CourtWP/506/2018dismissed

Prashant Ganesh Kale v. State Of Maharashtra Thr. P.S.O. Ashti Dist. Wardha

2018-09-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp506.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 506/2018 Prashant Ganesh Kale ..VS..

State of Maharashtra, Thru PSO Ashti, Dist. Wardha - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. Kadu, Advocate for the petitioner Ms. S.V. Kolhe, APP for the respondent CORAM : Z.A.HAQ, J.

DATED : 28/09/2018 Heard.

The petitioner, claiming to be the owner of the motor cycle which is seized by the police during the investigation of the crime, had filed application before the trial Court praying that the motor cycle be released in his favour on Supratnama. By the impugned order, the trial Court has dismissed the application filed by the petitioner observing that the petitioner has not been able to produce any papers to substantiate his claim that he is the owner of the vehicle. Undisputedly, the vehicle is registered in the name of Anil Harishchandra Bhagwate. Though the petitioner claims that he has purchased the vehicle and relies on the agreement of sale dated 24/02/2018 and the form of notice of transfer of ownership dated 18/05/2016, fact remains that name of the petitioner is not recorded in the RTO records as the owner of the vehicle.

2 wp506.18 In the above facts, I do not find any illegality in the impugned order.

The writ petition is dismissed. In the circumstances, the parties to bear their own costs. The petitioner would be at liberty to reiterate his request for release of the vehicle on Supratnama if he gets his name recorded in the records of the RTO as the owner of the vehicle.

JUDGE Ansari