SWAPNIL S/O. GANESH GAIKWAD Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Swapnil S/O. Ganesh Gaikwad
STATE OF MAHARASHTRA
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V.L.ACHLIYA, J. -
(1.) Rule. Rule returnable forthwith. With the consent of the learned counsel for the petitioner and learned APP for the respondent-State, the petition is heard finally at the stage of admission.
(2.) By this Petition under Article 226 and 227 of the Constitution of India, the petitioner has challenged the impugned order dated 06.01.2020 passed in Criminal M.A.No. 13/2020 by the learned Judicial Magistrate First Class, Gangapur and confirmed in Criminal Revision Application No. 1/2020 by the learned Additional Sessions Judge, Vaijapur, District Aurangabad. By the impugned order, the Courts below have refused to entertain the application seeking interim custody of the vehicle owned by the petitioner. The petitioner has claimed the relief reads as under:
"B. The order dated 24.01.2020 of the Hon 'ble Additional Session court Vaijapur Dist-Aurangabad in Cri Rev no-1/2020 and order dated 06.01.2020 passed by the JMFC court Gangapur in Cri MA no-13/2020 may kindly be quashed and set aside.
C. That, the petitioner Vehicle i.e. Swift VDI IV, bearing registration noMH-12-KT-9786 Chasis number MA3FHEB1S00556793 and engine number D13A2259157 may kindly be order to released which is seized by the Gangapur Police Authority in crime number 0409/2019."
(3.) Before adverting to deal with the submissions advanced, it is useful to refer few facts leading to filing of this Petition. The petitioner herein came to be arrested and released in connection with the offences under Section 307, 353, 332 of the Indian Penal Code, registered vide Crime No.0409/2019 with Police Station Gangapur, District Aurangabad. In sum and substance the prosecution has alleged that on 19.10.2019 when the informant accompanied with one Police Constable went in search of the petitioner to serve non-bailable warrant in connection with Sessions Case No.26 of 2014, the petitioner refused to allow them to execute the warrant. The petitioner was sitting in a car bearing registration No. MH12-KT-9788. When the Police Constable accompanied with the informant tried to take the petitioner with his car to the Police Station, the petitioner attempted to run over the informant by said car. He has also attempted to run over the Police Constable accompanied with the informant. The petitioner was arrested on 19.10.2019 in connection with the aforesaid offences and car in question was seized as same alleged to be used in commission of said offences.;
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