SARADCHANDRA RAICHAND SHAH Vs. STATE OF GUJARAT
LAWS(GJH)-2021-2-24
HIGH COURT OF GUJARAT
Decided on February 23,2021

Saradchandra Raichand Shah Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

S.H.VORA,J. - (1.) By way of present Revision Application under section 397 read with section 401 of Code of Criminal Procedure, the applicant - original first informant has made following prayer in terms of para 16(B) :- "16 (B) Hon'ble Court be pleased to allow this Revision Application and be further pleased to quash and set aside order dated 16/05/2018 passed by 8th Judicial Magistrate First Class, Ahmedabad (Rural) Mirzapur in Misc. Criminal Application No.533 of 2018 and be pleased to allow Misc. Criminal Application No.533 of 2018 by directing the concerned officers to release and handover muddamal to the applicant herein, in relation to I.C.R.No.16/2018 registered with Anandnagar Police Station, Ahmedabad City."
(2.) Briefly stated, it is the case of the applicant that on 02.02.2018, various valuable articles and cash were stolen, in all totaling amount of Rs.19,55,000/- and therefore, the applicant registered FIR being I.C.R.No.16 of 2018 before Anandnagar Police Station for the offence under sections 457, 380 and 114 of Indian Penal Code. On the basis of input received by the Crime Branch, about use of Maruti vehicle, trap was arranged and caught accused Mr. Sureshbhai @ Sukho w/o. Ladhubhai Makwana i.e. respondent no.3 herein. During the course of investigation, respondent no.3 herein disclosed commission of offence of theft at applicant's residential premises and further disclosed that cash money has been used to purchase Hyundai car having engine No.G4LAJM742950 in the name of his son Mr. Sanjybhai Sureshbhai Makwana (respondent no.2 herein) on 24.02.2018.
(3.) The applicant herein sought release of Muddamal including Hyundai Car under section 451 / 457 of the Code of Criminal Procedure. Respondent no.2 herein also submitted objection and counter claim and prayed for release of Muddamal Hyundai Car in his favour, as he is registered owner in the R.C.Book.;


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