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Bombay High CourtWP/231/2024disposed off

Sanjay S/O Parasmalji Chordiya, v. The State Of Maharashtra Thr. Pso Ps Beltarodi Nagpur Tqh. And Dist.Nagpur And Another

2024-03-12Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

1 904.cri.wp.231.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BEN CH : NAGPUR CRIMINAL WRIT PETITION NO.231 OF 2024 Sanja s/o Parasmalji Chordiya ..vs..

State of Maharashtra and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Mardikar, Senior Counsel a/b Shri V.R Deshpande, for the petitioner.

Shri Aashirgade, Addl.P.P. for the State.

CORAM:

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

DATED :

12/03/2024.

Heard.

2.

This is an application seeking to quash the charge-sheet arising out of First Information Report bearing Crime No.146 of 2023 registered with the Beltarodi Police Station, District Nagpur for the offence punishable under Sections 380, 454, 457, 411 and 34 of the Indian Penal Code.

3.

The offences have been registered regarding theft of gold ornaments. It is alleged that the petitioner is a goldsmith who has purchased the stolen goods hence he has committed the offence punishable under Sections 411 of the Indian Penal Code.

4.

It is the petitioner's contention that he is a registered goldsmith having license to purchase the gold. It is the petitioner's case that he is a bona fide purchaser of the gold articles. Entire transaction was transparent since the petitioner has issued a receipt as well as disbursed the payment through bankers cheque. It is also

2 904.cri.wp.231.2024 stated that the petitioner had checked identity of the seller by obtaining his documents of identification. 5.

Issue notice to the respondents for final disposal, returnable on 23.04.2024. Learned Addl.P.P. waives notice on behalf of the State.

6.

Considering the peculiarity of the case, no coercive steps shall be taken against the petitioner till further orders.

(MRS.

VRUSHALI V. JOSHI , J.

) (VINAY JOSHI, J.) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 12/03/2024 17:16:03