1 criawp268-11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.268 OF 2011 Bapurao Bappaji Kawade V/s The State of Maha ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr.N.G.Shah,Adv. for petr. Mr.K.G.Patil,APP.for State. .... CORAM : NARESH H. PATIL & T.V.NALAWADE,JJ. DATE : 11/04/2011 1] The petitioner Bapurao Bappaji Kawade claims to be the owner of motor cycle bearing Registration No.MH-21- H-3853. He was accused in Sessions Case no.106/07. He has filed application under Section 451 of Cr.P.C. for seeking directions to Police to hand over possession of motor cycle, which was seized as muddemal property of the criminal case. 2] By an order dated 28/9/2007 passed 2 criawp268-11 below Exh.32, the learned Sessions Judge, Jalna, directed release of motor cycle in favour of petitioner on certain conditions. Sessions Case No.106/07 was decided by judgment and order delivered by learned Sessions Judge, Jalna on 16/10/08. The petitioner was convicted alongwith some other accused persons. The petitioner preferred Criminal Appeal No.252/09. By judgment and order dated 30/9/10, the Division Bench of this Court dismissed the appeal. 3] The petitioner thereafter, filed an application on 15/12/10 for return of muddemal property i.e. motor cycle to him. The petitioner did not press that application on 9/3/10. 4] We find that the petitioner failed to execute the order passed by the trial Court on 28/9/07, wherein the muddemal property i.e. motor cycle was directed to be returned to him. Thereafter, the petitioner filed 3 criawp268-11 another application which was not pressed by him. In the judgment of the trail Court, there is no reference in respect of the muddemal property i.e. motor cycle. 5] Considering all these aspects of the matter, we are not inclined to exercise our extra ordinary writ jurisdiction. The petitioner is entitled to file fresh application before the trial Court, for return of muddemal property i.e. motor cycle. In case the application is filed within 2 weeks, the trial Court shall deal with the same in accordance with law. Petition is disposed of. [T.V.NALAWADE,J.] (NARESH H.PATIL,J.] umg/criwp268-11 4 criawp268-11