1 CRWP NO.457/2010 & 474/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 13. WP/457/2010 (SAKHARAM DATTU GANJURE [Criminal] V/S THE STATE OF MAHARASHTRA AND ANR) WITH WP/474/2010 (SAKHARAM DATTU GANJURE [Criminal] V/S THE STATE OF MAH AND ANR) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.V.Gaware, Adv., for the applicants. Mr.K.M.Suryawanshi, APP for State. Mr.S.B.Ghute, Adv., for R.2. ... CORAM: K.U.CHANDIWAL, J. DATE: 27.1.2011 1. Heard. On instructions from petitioner, Mr.N.V.Gaware withdraws Writ Petition No.457/2010, seeking quashing of the proceedings vide Crime No.I.119/2010 dt.3rd April, 2010. Permitted. Liberty to move subsequently. 2. Heard both the learned Counsel extensively in Writ Petition No. 474/2010, seeking challenge to the order dt.15th April, 2010, recorded by learned Judicial Magistrate, First Class, in Misceallaneous Application No.251/2010 whereby the 2 CRWP NO.457/2010 & 474/2010 vehicle (truck) No.MH-16, AE-1269, was directed to be released in favour of respondent no.2, which was with the Police authorities in connection with the above referred crime. 3. Having read the order of the learned Judge dt.15.4.2010, it is obvious, no notice of such restoration of the vehicle was given to the registered owner, the petitioner herein. It was based on an innocuous no objection recorded by the Police Officer dt.15.4.2010, the vehicle was restored to respondent no.2. Law mandates, it was imperative for the learned Judge to have given a notice to the registered owner ( petitioner herein) before deciding the application. 4. In the result, the order in Criminal Miscellaneous Application No.251/2010 dt.15.4.2010 is set aside. The learned Judge shall hear respondent no.2, the petitioner herein, the Police and also the financier Indoson Bank about the 3 CRWP NO.457/2010 & 474/2010 custody of the said vehicle and then pass appropriate order. 5. Since the vehicle is with respondent no.2 Machindra Waman Shinde, residing at Shahajapur, Post Kolpewadi, Tq. Kopargaon, dist. Ahmednagar, he shall hand over the vehicle in working condition to the Police concerned upto 31st Jan., 2011, without demur and without creating any obstacles or legal hurdles. This Court has not expressed any opinion on entitlement of respondent no.2 Machindra Waman Shinde or of the petitioner Sakharam Dattu Ganjure to the vehicle or to the merits touching civil dispute flowing in RCS No.90/2010, pending before the learned Civil Judge, Junior Division, Kopargaon. Criminal Writ Petition No. 474/2010 allowed as above. (K.U.CHANDIWAL) JUDGE ... agp/457-10crwp