Shradda Ashok Gaikwad vs The Superintendent Of Police And ...
2024 Latest Caselaw 23978 Bom

Bombay High Court

Shradda Ashok Gaikwad vs The Superintendent Of Police And ... on 14 August, 2024

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

2024:BHC-AUG:18185-DB

                                                                         cwp-1393.24
                                                    1



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        BENCH AT AURANGABAD


                              966 CRIMINAL WRIT PETITION NO. 1393 OF 2024

                                    SHRADDA ASHOK GAIKWAD
                                           VERSUS
                           THE SUPERINTENDENT OF POLICE AND ANOTHER

                                  ...
                      Mr. Abhishek C. Deshpande Advocate for Petitioner.
                      Ms. P.R. Bharaswadkar, A.P.P. for Respondents.
                                  ...

                              CORAM:    SMT. VIBHA KANKANWADI AND
                                        ABHAY S. WAGHWASE, JJ.

                              DATE :    14th AUGUST, 2024

                 ORDER :

1. Heard learned Advocate for the petitioner. He points out

that in the Judgment passed in Sessions Case No.149 of 2020,

the learned Additional Sessions Judge, Aurangabad, has directed

that the motorcycle 'Bullet' bearing No.MH-20-FK-6336 should be

returned to the registered owner after the appeal period, upon

due verification. The petitioner says that she is the registered

owner and has produced on record the photocopy of the R.C.

Book of the vehicle.

2. According to the petitioner, respondent No.2 is not cwp-1393.24

implementing the said order on the ground that appeal is now

pending before this Court. In view of such situation, though the

learned Advocate for the petitioner canvassing that the petitioner

has no alternate remedy, yet since the appeal is pending, we are

of the opinion that the Writ Petition is not maintainable.

Thereupon, learned Advocate for the petitioner seeks leave to

withdraw the Petition with liberty to approach this Court where

the appeal is pending.

3. In view of the said statement, the Writ Petition stands

disposed of as withdrawn, with liberty as prayed for.

[ABHAY S. WAGHWASE]                  [SMT. VIBHA KANKANWADI]
       JUDGE                                  JUDGE

asb/AUG24