CAW/2905/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2905 OF 2010 IN WRIT PETITION NO.5585 OF 2008 The Education Officer (Secondary), Zilla Parishad, Solapur & Anr. ... Applicants (Org. Respondents) V/s. Mallikarjun Shikshan Prasarak Mandal, Tadwal, Akkalkot, Solapur & Ors. ... Respondents (Org. Petitioners) Mr. A.D. Kango, AGP, for the Applicants. Mr. M.V. Chougule h/f. Mr. S.G. Kudle for Respondent No.1. Mr. A.M. Joshi with Mr. V.K. Bodhare for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATE : 7 TH DECEMBER, 2010. P.C. : 1. The Civil Application has been filed to direct the Judicial Magistrate, First Class, Akkalkot, Solapur to return the Demand Drafts which have been seized to the applicants. 2. It appears that these Demand Drafts were issued towards non-salary grant payable to the original petitioner No.1 in accordance with an order passed by this Court. The Demand Drafts were seized pursuant to a complaint lodged by the CAW/2905/2010 2 original petitioner No.1, i.e. the respondent No.1 herein, against the original respondent No.1, i.e. respondent No.3 herein, about misappropriate of funds. It appears that the Demand Drafts are now deposited with the Judicial Magistrate, First Class, Akkalkot, District Solapur in the criminal proceedings pending against respondent No.3 herein. According to the applicants, although an application was made by the State to the Judicial Magistrate, First Class, Akkalkot, Dist. Solapur, to have the Demand Drafts returned, the Judicial Magistrate, First Class has passed an order declining to return the Demand Drafts. Hence, the present Civil Application. 3. In my opinion, a Civil Application for the reliefs claimed cannot be filed. If the applicants are aggrieved by the order passed by the Judicial Magistrate, First Class, Akkalkot, Dist. Solapur, it will have to file appropriate proceedings to challenge that order. 4. In view of this, Mr. Kango, the learned AGP for the applicants, seeks leave to withdraw this Civil Application and to file appropriate proceedings to have the Demand Drafts returned and/or to challenge the order of the Judicial Magistrate, First Class, Akkalkot, Dist. Solapur, declining to return the Demand Drafts. 5. The Civil Application is allowed to be withdrawn and dismissed as such with liberty as prayed.