Subhash S/O Jagannath Thengane v. State Of Maharashtra, Through Officer-In-Charge, P.S. Bhadrawati, Chanrapur And Others

27.01.wp.900.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION NO. 900/2015 (Shri Subhash s/o Jagannath Thengane vs. State of Maharashtra and three others) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr.N.R.Bhishikar, Advocate for applicant Mr. H.R.Dhumale, APP for respondent -State CORAM: A.B.CHAUDHARI, J.

DATED : 27th January, 2016.

Heard.

This Petition is directed against the orders concurrently passed by the Courts below rejecting the prayer for release of the property, namely, cash in the sum of Rs.19,50,000/-, which was seized in the crime in question. The Courts below have found that there was a serious dispute about the claims made by the parties and it w as not possible to release the amount. Looking to the huge amount that is involved, I think, the learned trial Judge should decide the trial itself and then make a final order of disposal of the amount. Hence the order:

ORDER

Criminal Writ Petition No. 900/2015 is disposed of with the following directions:- (a) The trial Judge is directed to decide Criminal Case involving Crime No.189/2013 within a period of

27.01.wp.900.15 four months from today.

(b) The contesting parties are at liberty to adduce evidence in support of their respective claims for the cash amount as above, before the trial Judge for claiming the money in their favour.

(c) The parties are directed to cooperate with the trial Judge who shall conduct the case, on day to day basis, if possible.

JUDGE sahare