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Bombay High CourtAPL/1361/2024allowed

Arun Madanmohan Rushiya v. The State Of Maharashtra Through Pso Saoner Dist Nagpur

2025-03-03Hon'Ble Shri Justice Anil S. Kilor2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.1361 OF 2024 ARUN MADANMOHAN RUSHIYA VS THE STATE OF MAHARASHTRA THROUGH PSO SAONER DIST NAGPUR ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. R.S. Daryani, Advocate for the applicant/s Ms P.T. Joshi, APP for the non-applicant/State -------------------------------

CORAM

: ANIL S. KILOR, J.

DATE : 3 rd MARCH, 2025 1.

In the present application, the order dated 19.06.2023 passed by Judicial Magistrate First Class, Saoner, rejecting the application moved by the petitioner under Section 457 of the CrPC for returning of property i.e. two mobile phones, having description stated in the application, and the order passed by Revisional Court dated 16.02.2024, confirming the order of Judicial Magistrate First Class, Saoner, are under challenge.

2.

Today, the learned APP, on instructions, informs that in the present matter, an investigation is completed and a charge-sheet has been filed and hence, the custody of these mobile phones, which the applicant is seeking to release, is furthermore not required.

nd.thawre

3.

In that view of the matter, the orders, below Exh.1 dated 19.06.2023 and below Exh.1 dated 16.02.2024, passed by the learned Judicial Magistrate First Class, Saoner and the learned Additional Sessions Judge-14, Nagpur, respectively, are hereby quashed and set aside and thereby, the application filed by the applicant under Section 457 of the CrPC for returning two mobile phones, is hereby allowed.

Accordingly, the application is disposed of.

(ANIL S. KILOR, J.) nd.thawre