1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO.8 OF 2017.
APPLICANTS: 1. Chandrabhan Virumal Jesuja,
aged about 47 years, Occu:Business,
r/o Sindhi Colony, Ravan Maidan,
Gondia, Tq. and Distt.Gondia.
2. Shri Kanhaiyalal Ramchandra Anwani,
aged about 45 years, Occu: Business,
r/o Sindhi Colony, Shankar Chowk,
Gondia, Tq. and distt.Gondia.
3. Ashwin Mahendrabhai Shah,
aged about 40 years, Occu:Business,
R/o Civil Lines, Gondia, Tq. and Distt.
Gondia.
: VERSUS :
RESPONDENT : State of Maharashtra, through
Police Station Officer (Railways),
Railway Police Station, Gondia.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr.K.S.Motwani, Advocate for the applicants.
Mr.P.S.Tembre, APP for the State.
Mr.N.R.Tekade, Advocate for the intervenor.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
CORAM: P.N.DESHMUKH, J.
DATED : 13th APRIL, 2017.
ORAL JUDGMENT :
1. By consent of learned counsel for both sides, heard finally.
By this Criminal Revision Application, it is prayed that order dated 21st November, 2015 passed by learned Additional Sessions Judge, Gondia in Sessions Trial No.51 of 2015 be quashed and set aside. Said order came to be passed below ::: Uploaded on - 17/04/2017 ::: Downloaded on - 19/04/2017 00:32:54 ::: 2 Exh.13 which was filed by applicants for release of cash amount seized in the crime involved in the case, contending that the applicants are owners of cash amount to the extent of Rs.2,83,000/- which came to be recovered from the accused involved in the present crime, during the course of investigation. From the impugned order it reveals that application filed before the learned Judicial Magistrate (F.C.), Railway Court, Nagpur for return of said amount was rejected on the ground that no case was made out as to how much amount was seized from which of the applicants. According to applicants, now they have decided to distribute the said amount equally amongst them and are ready to give an undertaking to that effect.
2. The learned Additional Sessions Judge while considering the application, rejected the same on the ground that trial was in progress and muddemal property was necessary for the purpose of identification.
3. Learned Counsel for the parties, however, have contended that trial is at its fag-end, however, since record and proceedings have been called before this Court by order dated 20th January, 2017, trial is not proceeding further. ::: Uploaded on - 17/04/2017 ::: Downloaded on - 19/04/2017 00:32:54 ::: 3
4. Considering limited prayer made in this application for release of property and having further considering the fact that application filed before the learned Sessions Judge was rejected as property being cash amount was found to be necessary for the purpose of identification and since, as stated aforesaid, trial is likely to be concluded but for want of Record and Proceedings same is standstill, application can be disposed of passing following order.
(i) Record and Proceedings in Sessions Case No.51 of 2015 be sent back to the Court of Additional Sessions Judge, Gondia forthwith.
(ii) The learned trial Court whosoever is seized with the Sessions Trial No.51 of 2015 shall proceed further.
(iii) Needless to say that, at the time of judgment appropriate order regarding disposal of muddemal property shall be passed.
(iv) Criminal Revision Application stands disposed of in above terms.
JUDGE.
chute ::: Uploaded on - 17/04/2017 ::: Downloaded on - 19/04/2017 00:32:54 :::