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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION No.26 OF 2017
Mohammad Akram Md. Gyasuddin,
Aged about 30 years,
Occupation : Business,
Resident of Kolsatal, Kamptee. : PETITIONER
...VERSUS...
State of Maharashtra,
through Police Station Officer,
Police Station Kamptee (New). : RESPONDENT
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Shri Laique Hussain, Advocate for the Petitioner.
Shri N.H. Joshi, Addl. Public Prosecutor for the Respondent.
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CORAM : S.B. SHUKRE, J.
th DATE : 27 MARCH, 2017.
ORAL JUDGMENT :
1. Heard.
2. Rule. Rule made returnable forthwith.
3. Heard finally by consent.
4. By this petition, the petitioner has once again challenged the legality and correctness of the order dated 21.6.2016 and also another order dated 11th July, 2016. The order dated 21.6.2016 was passed by the ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 00:39:37 ::: J-cwp26.17.odt 2/2 Judicial Magistrate, First Class, Khamptee, in Misc. Criminal Appliation No.198/2016 and the order dated 11.7.2016 was passed by the Additional Sessions Judge No.2 in Criminal Revision No.137/2016. By the order passed on 21.6.2016, the learned Magistrate had refused to grant interim custody of the seized vehicle bearing registration No. MH-40-Y-4457 to the petitioner and this order was confirmed by the learned Sessions Judge in the Criminal Revision No.137/2016. Both these orders were carried in criminal writ petition being Criminal Writ Petition No.576/2016. This writ petition too was dismissed on 14 th September, 2016 by this Court. After dismissal of this petition, no fresh application for custody on the ground of change of circumstances has been filed by the petitioner. The order dated 14th September, 2016 passed in said writ petition has also not been challenged by the petitioner. Therefore, now, as the order dated 14th September, 2016 has attained finality, so far as the question of interim custody is concerned, and there being no new grounds raised in this petition, this petition cannot be allowed. It is devoid of any merit. Writ Petition stands dismissed.
5. However, liberty is granted to the petitioner to renew his request before the trial Court on the ground of change of circumstances.
6. Rule is discharged.
JUDGE okMksns ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 00:39:37 :::