- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2508 OF 2008 APPLICATION NO.2508 OF 2008 APPLICATION NO.2508 OF 2008 Sarvasiddhi V.K.S.R. Swamy ...Applicant vs. The State of Maharashtra & Anr. ...Respondents Mr.A.M.Saraogi for the applicant Mr.D.P.Adsule A.P.P. for State Mr.G.H.Keluskar for the Respondent No.2. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : AUGUST 30,2008 : AUGUST 30,2008 : AUGUST 30,2008 P.C.: P.C.: P.C.: 1. The challenge in this application under section 482 of the Code of Criminal Procedure,1973 is to the attachment order passed by the learned Magistrate on 27th June 2008 in exercise of power under section 83 of the said Code. A remedy of raising an objection to the order of attachment in terms of sub section 1 of section 84 is available to the petitioner. 2. In the present case, the attachment has been purportedly issued in terms of the clauses (a) and (c) of sub section 2 of section 83 of the said Code. 3. In view of the availability of a remedy under section 84 of the said Code, this application under section 482 of the said Code need not be entertained. - 2 - 4. Hence, application is disposed of by passing the following order : i) Application is disposed of by keeping the remedy of the petitioner under section 84(1) of the said Code open. ii) If a proceeding/objection is filed by the Applicant in terms of sub section 1 of section 84 of the said Code within a period of four weeks from today, the same shall be decided by the trial court as expeditiously as possible and in any event within three months from the date of filing of the said proceeding/objection. iii) Till the objection of the applicant to the attachment is decided by the learned trial Judge, the applicant shall not be dispossessed of the property subject matter of the attachment subject to condition that the applicant will not create any third party interests in respect of the property and will not part with possession thereof. iv) All contentions of the parties on merits are kept open. JUDGE JUDGE JUDGE