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2012 Supreme(Bom) 1816

SHRIHARI P.DAVARE
Pralhad s/o. Babanrao Thombre – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:A.D. Aghav, Advocate.
For the Respondent: N.R. Shaikh, Additional Public Prosecutor.

Judgment

1. Heard Adv. Mr. A.D. Aghav for the petitioner, and learned APP Mr. N.R. Shaikh for the respondent.

2. Rule. Rule made returnable forthwith. With the consent of learned Counsel for parties, taken up for final hearing at the admission stage itself.

3. By the present petition filed by the petitioner under Articles 226 and 227 of the Constitution of India, the petitioner has prayed that the order dated 13-7-2012, passed by the learned Judicial Magistrate (F.C.), Basmath, in Misc. Criminal Application No. 141/2012, and the judgment and order dated 23-8-2012, passed by the learned Additional Sessions Judge and District Judge-1, Basmathnagar, in Criminal Revision Petition No. 16/2012, be quashed and set aside, and the respondent be directed to release the vehicle of the petitioner, bearing No. MH-15/E-6626 i.e. Tavera Jeep.

4. The petitioner contends that he is doing business of vehicle sale, purchase and transport and he is having vehicle bearing No. MH. 15/E-6626 i.e. Tavera Jeep. The Police Inspector, Kurunda Police Station, registered Crime No. 33/2012, on 6-6-2012, under Section 302, read with Section 34 of Indian Penal Code, and seized the petitioner's said Tavera Jeep th























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