Sudhir Chaturbhuj Bajaj And ... vs State Of Maharashtra Thr. P.S.O. ...
2017 Latest Caselaw 7750 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR


                   CRIMINAL WRIT PETITION NO. 751 OF 2017


 1.         Sudhir Chaturbhuj Bajaj,
            aged about 38 years, Occ. Business,
            R/o,. Bajaj Niwas, Sindhu Nagar,
            Amravati, Distt. Amravati. 

 2.         Vishal Chaturbhuj Bajaj,
            aged about 35 years, Occ. Business,
            R/o,. Bajaj Niwas, Sindhu Nagar,
            Amravati, Distt. Amravati.   ......                            PETITIONERS

                                 ...VERSUS...

 1.         State of Maharashtra,
            through P.S.O., Mangrulpir,
            Distt. Washim.

 2.      Sanjay Ramchand Bhutada,
         aged about 46 years, Occ. Business,
         R/o. Kanwar Nagar, 3rd Line,
         Amravati, Distt. Amravati ......                                   RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri P.V.Navlani, counsel for Petitioner.
 Ms. Geeta Tiwari, APP for Respondent no. 1
 None for Respondent No.2
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, J.

rd DATE : 3 OCTOBER, 2017 .

 ORAL JUDGMENT


            1]             Rule made returnable forthwith.

Heard finally by consent of the learned counsels

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appearing for the parties.

2] The challenge in this petition is to the order

dated 06.08.2016 passed by the learned Judicial Magistrate,

First Class, Mangrulpir, below Exh.36 in Summary Criminal

Case No. 298 of 2013. The application filed by the present

petitioner under Section 258 of Criminal Procedure Code for

stopping the proceedings has been rejected.

3] In response to the present petition, the

respondent No.1 has filed an affidavit stating in paragraph

No.6 therein as under;

"6. The answering respondent submits that the order of the learned Sessions Court was then challenged by the Income Tax Authorities before this Court filed Criminal Application No. 303/2013. The said application was dismissed and the order of the learned Sessions Judge came to be maintained. The answering respondent submits that the amount deposited Rs.49,96,200/- in the account of the State bearing No.11581292873 that has been handed over to the petitioners on 22.03.2013. The answering respondent further submits that the articles seized and detained by the Police Authorities in Malkhana No. 73/2 has been also handed over to the petitioners. The answering respondent further submits that so far as the proceeding under Section 124 of the Bombay Police Act in Summary Criminal Case No. 298/2013 is concerned, the petitioner made an application to the learned Judicial Magistrate, First Class, Mangrulpir and the same has been rejected that investigating office has not filed any document along with Istegasha. The answering respondent submits that the petitioners have submitted the amount number to the Investigating Officer and they have also supplied the carbon copies of the bills and gave the clarification required for the investigation".

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           4]              In view of above, the learned counsels appearing

for the parties submit that the order dated 06.08.2016 can be

set aside and the application Exh. 36 can be allowed.

5] In view of above, the writ petition is allowed. The

order dated 06.08.2016 passed below Exh. 36 in Summary

Criminal Case No. 298 of 2013 is hereby quashed and set

aside. The application filed under Section 238 of Cr.P.C. is

allowed.

Rule is made absolute in above terms. No

orders as to costs.

JUDGE

Rvjalit