Chandrabhan S/O. Virumal Jesuja ... vs State Of Maharashtra Thr. Police ...
2017 Latest Caselaw 1716 Bom

                                                    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

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.

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.

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