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Bombay High CourtWP/37/2023disposed off

Mahendra Madhukar Luley v. State Of Mha. Thr. Its Secretary Ministry Of Transport Mantralaya Mumabi And 3 Others

2023-01-30Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 37 OF 2023 Mahendra Madhukar Luley Vs.

State of Maharashtra, Thru. Its Secretary, Ministry of Transport, Mantralaya, Mumbai and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. U.A. Gosavi, Advocate for petitioner.

CORAM : VINAY JOSHI, AND VALMIKI SA MENEZES, JJ.

DATE : 25.01.2023.

Heard.

2.

The petitioner owned a bus which he plies as stage carriage permit. The petitioner's bus was intercepted by police at certain place in the Nagpur City and it was detained. The driver has shown all relevant documents however, the police though released the vehicle seized the original registration certificate. The petitioner received a challan alleging commission of offence punishable under Section 122 read with Section 177 of the Motor Vehicles Act. The petitioner has impugned said action in this Writ Petition.

Prity

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The learned counsel appearing for petitioner prayed that respondent No.3 be directed to return original registration certificate as he cannot ply the vehicle without original documents.

4.

Issue notice to the respondent Nos.1 to 3, returnable on 30.01.2023.

5.

Ms. Mayuri Deshmukh, learned APP waives service of notice on behalf of respondent Nos.1 to 3/State.

JUDGE JUDGE Prity