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SCR.A/1000/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1000 of 2008
==========================================
SURESHCHANDRA
PRAGJIBHAI SODHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==========================================
Appearance :
MR
SP MAJMUDAR for Applicant(s) : 1,
MR PP MAJMUDAR
for Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/09/2008
ORAL
ORDER
1. RULE.
Shri R.C. Kodekar, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
2. The
present application is filed by the applicant under Article 227 of
the Constitution of India to quash and set aside the directions
contained in the judgement and order dated 07/09/2007 passed by the
learned Judicial Magistrate First Class, Upleta whereby the muddamal
cash is ordered to be deposited with the State Government, as well as
the order dated 05/11/2007 passed by the learned Presiding Officer,
3rd Fast Track Court, Gondal Camp at Upleta, by further
praying that the muddamal cash seized in connection with Criminal
Case No. 358/2007 shall be handed over to the original
possessor-Manish Sureshchandra Sodha.
3. Considering
the statement of the applicant recorded under Section 313 of the Code
of Criminal Procedure to the effect that the muddamal cash was
recovered from Manish Sureshchandra Sodha and nobody has made any
application before the learned trial Court for getting the muddamal
cash as contemplated under Section 452 of the Code of Criminal
Procedure and even Manish Sureshchandra Sodha had also not made any
application and/or revision application, it cannot be said that the
order passed by both the Courts below are illegal, which requires
interference of this Court in exercise of powers under Article 227 of
the Constitution of India. Even the revision application at the
instance of the applicant was not maintainable as the
applicant-revisionist is not claiming to be the owner of the muddamal
cash and even as per his statement recorded under Section 313 of the
Code of Criminal Procedure, the muddamal cash belong to Mansih
Sureshchandra Sodha. Under the circumstances, the present
application deserves dismissal and is accordingly dismissed. Rule is
discharged.
(M.R.
SHAH, J.)
siji
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