Chetan S/O Lungaram Shivankar vs State Of Mah. Thr. Pso Ps Sakoli ...
2022 Latest Caselaw 1786 Bom

                                                                                     (1)                                                  27.cri.wp.104.2022

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

                                      CRIMINAL WRIT PETITION NO.104 OF 2022

                              Chetan s/o Lungaram Shivankar
                                            Vs.
        State of Maharashtra Through Police Station Officer Police Station, Sakoli and
                                          another
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Office Notes, Office Memoranda of Coram,                                                                       Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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             Mr. R. D. Karode, Advocate for petitioner.
             Mr. S. M. Ghodeswar, APP for respondent no.1/State.


                                                                             CORAM :                     AVINASH G. GHAROTE, J.

DATE : 22/02/2022

Heard Mr. Karode, learned counsel for the petitioner. It is contended that the learned Judicial Magistrate First Class has passed order dated 05.10.2021 (page 16E), & rejected the application for release of the cash amount of Rs.22,00,000/-(Rupees Twenty Two Lakhs only) in the custody of the respondent No.2. The learned Sessions Court has passed the impugned order dated 10.01.2022, thereby directed the release of the said amount in the custody of the respondent No.2.

The contention is that respondent No.2 has no concern with the money in question, as he is neither the complainant nor does the record disclose that the said person being in any way connected with the said money and the amount has been recovered from the petitioner.

Issue notice to the respondents, returnable on 07.03.2022.

(2) 27.cri.wp.104.2022

Mr. Ghodeswar, learned APP waives service of notice for respondent No.1.

In the mean time, by an interim order, the effect and operation of the impugned judgment dated 10.01.2022, is hereby stayed, till the returnable date.

JUDGE Sarkate

Digitally signed byANANT R SARKATE Signing Date:22.02.2022 18:11