Nasrin Nuruddin Patent vs State Of Gujarat
2024 Latest Caselaw 1320 Guj

Gujarat High Court

Nasrin Nuruddin Patent vs State Of Gujarat on 14 February, 2024

                                                                                     NEUTRAL CITATION




    R/SCR.A/16229/2023                                 ORDER DATED: 14/02/2024

                                                                                     undefined




 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                      NO. 16229 of 2023
==========================================================
                  NASRIN NURUDDIN PATENT
                           Versus
                      STATE OF GUJARAT
==========================================================
Appearance:
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Applicant(s) No. 1
MS MONALI BHATT, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                             Date : 14/02/2024

                               ORAL ORDER

Heard learned advocate Mr. Maulik Nanavati for the petitioner and learned APP for respondent - State of Gujarat.

By way of present petition under Articles 14, 19, 21 and 226 of the Constitution of India read with Sections 482 and 451 of the Code of Criminal Procedure, 1973, the petitioner is seeking release of muddamal which has been denied by the learned Chief Judicial Magistrate, Panchmahal vide order dated 02.03.2023 passed below application under Section 451 of the CrPC as well as the judgment dated 25.04.2023 passed by the learned 4th Additional Sessions Judge, Godhara, District Panchmahal in Criminal Revision Application No.8/2023.

Pursuant to the order dated 10.01.2024 passed by this Court, learned APP has placed on record report as regards muddamal dated 25.01.2024 of the Police Sub Inspector, Godhara 'A' Division Police Station, District Panchmahal stating that he has

NEUTRAL CITATION

R/SCR.A/16229/2023 ORDER DATED: 14/02/2024

undefined

no objection if the muddamal is released in favor of the petitioner. However, the learned trial Court has come to conclusion that the application for release of muddamal is not filed by the owner of the muddamal. In this regard, affidavit dated 08.01.2024 is filed by the mother of the petitioner viz. Sofiya (Sofi) Vajiuddin Presswala, which is annexed at page 77 of the present petition. Considering the aforesaid affidavit more particularly paragraphs 9, 11 and 12, the petitioners has requested to allow the present petition.

As the muddamal ornaments were stolen from the house of said Sofiya Presswala and police has opined to release the muddamal in her favor and has raised no objection to hand over the interim custody of the muddamal merely on technical ground that application for release of muddamal was not preferred by the owner viz. Sofiya Presswala but the present petitioner, muddamal application came to be dismissed.

In wake of aforesaid discussion, the impugned order dated 02.03.2023 passed by the learned Chief Judicial Magistrate, Panchmahal vide below muddamal application filed under Section 451 of the CrPC as well as the judgment dated 25.04.2023 passed by the learned 4 th Additional Sessions Judge, Godhara, District Panchmahal in Criminal Revision Application No.8/2023 are hereby quashed and set aside and the matter is remitted to the Court of learned Chief Judicial Magistrate, Panchmahal for its fresh consideration. The learned trial Court is directed to consider fresh muddamal application, if any, filed by the original owner - Sofiya (Sofi) Presswala on its own merits considering the opinion given by the police authority and without

NEUTRAL CITATION

R/SCR.A/16229/2023 ORDER DATED: 14/02/2024

undefined

being influenced by any of the observations made in earlier order.

In view of above, present petition is disposed of.

(HASMUKH D. SUTHAR, J.)

Ajay