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SCR.A/1318/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1318 of 2006
=========================================================
MEHTA
ASHOKKUMAR RAVISHANKAR - Applicant(s)
Versus
PATEL
ARVINDBHAI ISHWARBHAI & 1 - Respondent(s)
=========================================================
Appearance
:
MR DAKSHESH
MEHTA for Applicant
MR PRAKASH K JANI for
Respondent(s) : 1,
MS MINI NAIR APP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT 26th March, 2009
ORAL
ORDER
The
petitioner had filed a complaint in connection with loss of motor
vehicle TATA 407 bearing registration no. GJ-15-X-2539 in the
court of learned Judicial Magistrate, First Class, Harij. According
to the complainant, he was the owner of the muddamal vehicle.
On the date of the incident, the registration of the muddamal
vehicle was in the name of the complainant. The muddamal
vehicle was stolen on 14th May, 2006 when it was parked on
the road. After some inquiry, the vehicle was found from the
possession of the accused-Arvindbhai Patel. Pending the criminal
case, the complainant and the accused filed applications for recovery
of possession of muddamal vehicle under section 451 CrPC. The
learned Judicial Magistrate, First Class, Harij, by his judgment and
order dated 7th July, 2006 directed that pending
investigation in the matter, the muddamal vehicle be handed
over to the accused Arvindbhai Patel. The said order has been
confirmed by the learned Additional Sessions Judge, Patan by his
judgment and order dated 25th July, 2006 passed in
Criminal Revision Application No. 48 of 2006. Therefore, the present
petition.
No case
for interference is made out. The petition is dismissed. Notice is
discharged. Ad interim relief stands vacated.
{Miss R.M
Doshit, J.}
Prakash*
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