APPW.87-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 87 OF 2011 IN CRIMINAL WRIT PETITION No. 987 OF 2010 Bharatkumar Vrajlal Jogi & Anr. ...Applicants Vs. State of Maharashtra ...Respondents *** Mr. Kapil P. Shetye, Yogesh Dandekar, for the Applicants. Mr. Anand Mishra i/b Mr. A. M. Sarogi, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : APRIL 18, 2011 P.C. 1. The applicants are seeking modification of the order dated 26th April, 2010 which was passed by consent of the parties by this Court in Criminal Writ Petition No. 987 of 2010 and the FIR was quashed. However, a direction was given by this Court that the attached properties shall remain attached, subject to further orders being passed by the Apex Court in the pending Special Leave Petition. 2. It is submitted that immovable property viz. 72-74, APPW.87-11 - 2 - Annapurna Sadan, Vitalbhai Patel Road, C.P. Tank, Mumbai was wrongly attached by the investigating authority. It is submitted that the Court had directed that only one property should be attached. However, the investigating officer wrongly attached this property along with the other properties. It is submitted that an application was made by the applicants in the trial Court. However, the trial Court observed that in view of the observations made by this Court regarding the attached property, it could not entertain the applicants’ application. It is submitted that under these circumstances, the said application was withdrawn and the present application has been filed for modification of the order. 3. In my view, since the subject matter of the writ petition was only in respect of quashing of the FIR and the desealing of this property did not fall for any consideration before this Court, it will not be possible to entertain this application. Liberty, however, is granted to the applicants to apply before the Special Court, seeking clarification that this property was never directed to be attached. If such an application is filed, the Special Court shall decide the said application after examining this fact and if no order of attachment was passed by the Special Court in respect of this property, then APPW.87-11 - 3 - consequently, appropriate orders may be passed. If such an application is preferred by the applicants, the same may be decided within a period of three months. This application is accordingly disposed of. [ V. M. KANADE J.]