{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3544 OF 2009 Ramkrishna s/o Bhikulal Dhoot Age-51 years, Occ-Business R/o Station Road, Aurangabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.A.P.Bhandari h/f Mr.H.T.Joshi, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th January 2010 PER COURT: 1. This is an application by which the applicant has prayed for return of property, which is seized in CR No.56/1992. The said CR came to be registered on the complaint of present applicant on 01.12.1992. It was alleged that gold ornaments weighing 316.900 gms were stolen from his residential premises. The said gold was seized from the shop of one Lalwani at the instance of the accused arrested in connection with the said offence. It further appears that thereafter an application was moved for return of property on 11.07.1994. The said application {2} was allowed on 12.07.1994. However, as the said Lalwani was not arrayed as an accused, nor his statement was recorded, order passed on 12.07.1994 was recalled vide order dated 14.07.1994. It also appears that after completion of investigation charge sheet was filed in the Court of JMFC, Aurangabad and the case is numbered as RCC No.290/1992 against two persons. Vide order dated 17.12.1997, both the accused are acquitted. In the operative part of the said order it is observed that the Muddemal Property be retained for the trial against other accused. It further appears that there is no progress in the case thereafter. It is alleged that on 8th April 2002, the applicant has moved an application praying for return of property. It is also informed that till today no order has been passed on the said application, however, it is informed orally that no record is available in respect of the property with the concerned Court. As per manual, after disposal of the case, the record and proceedings of the same is sent to Mostar, after relevant entry in the concerned register. Whenever the record sent to Moster, is disposed of after certain period, an entry needs to be taken in the register that the record in a particular case stands disposed of with the remark the mode of disposal, date of disposal and the name of the person who has disposed of the same. In the premise, submissions of learned counsel that no record is available with the Court bears no meaning. In the premise the statement of the learned counsel for the applicant cannot be accepted. In the premise, it is desirable to dispose of the present application with direction to the 2nd JMFC, Aurangabad to dispose of the {3} application dated 08.04.2002 filed by the applicant in accordance with law, within a period of 15 days from today and report the same to this Court. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/A10/criapln3544-09