Bombay High Court
Pappu Rajaram Marathe(Through Power Of ... vs The State Of Maharashtra on 28 September, 2021
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Rane 1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3291 OF 2021
Pappu Rajaram Marathe
(through Power of Attorney
Ujwala Tukaram Karande) .....Petitioner
V/s.
The State of Maharashtra
and anr. .....Respondents
****
Mr. Nitesh J. Mohite, Advocate for the petitioner.
Mr. A.D. Khamkhedkar, APP for State.
Coram : Sandeep K. Shinde, J.
Tuesday, 28th September, 2021.
P.C. :
1. Matter is palced on board today for speaking to
minutes of the order dated 22nd September, 2021.
2. The learned Counsel for the petitioner points out
that, in para-3- in the last line, "Section 357(2)" be deleted
and substituted with "Section 457(2)". Same corerction is
Rane 2/6
sought in the sub-para (5). In the fifth line of the sub-para,
"Section 357" be substituted with "Section 457".
3. The following corrections be carried out and the
order be read accordingly.
(Sandeep K. Shinde, J.)
Rane 3/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3291 OF 2021
Pappu Rajaram Marathe
(Through Power of Attorney
Ujwala T. Karande) ... Petitioner
Vs
The State of Maharashtra ... Respondents
...
Mr. Satyavrat Joshi i/by Nitesh J. Mohite for the
Petitioner.
Mr. Kamkhedkar , APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : SEPTEMBER 22, 2021.
ORAL JUDGMENT :
Rule. Rule made returnable forthwith. 2 With consent of the learned counsel for the parties, matter is taken up for fnal hearing forthwith. 3 This Petition under Article 227 of the Constitution of India challenges the order dated 10 th August, 2021 vide which the learned Additional Sessions Judge, Sangli declined to deliver vehicle, to Rane 4/6 the petitioner in exercise of the powers under Section 457(2) of the Code of Criminal Procedure, 1973. 4 Facts necessary for the decision of this Petition are that, the petitioner is owner of, the car, Maruti Dezire, bearing registration no.MH-12-RF-9579. Since he is serving in the Indian Army, the car was given in possession of his relative so that it could be maintained regularly. This car, was allegedly used by the accused in the Crime No.142 of 2021 registered at Sangli City Police Station under Section 376(2)(n) of the Indian Penal Code, 1860. Petitioner, when applied for release of the car, trial and revisional Court, both declined to release the car and, thus, this Petition. According to the prosecution, accused took obscene photos of victim in the car and threatened to make the photos viral.
5 Under Section 457 of the Cr.P.C., a Magistrate has three alternatives namely, (I) he has discretion to pass any order as he thinks ftt Rane 5/6
(ii) to deliver it to the person entitled to subject to such conditions if any, that he may imposet or,
(iii) if there is no such person, pass an order for its custody.
. Thus, discretion conferred upon the Magistrate under this Section is limited to selection of one of the alternatives namelyt delivery of the property to the person entitled thereto or disposal of the same. The Section 457, therefore, empowers to the Magistrate to decide the question about the person "entitled to possess". The expression "entitled to possess" would mean a rightful owner. In the case in hand, petitioner is owner of the card and therefore, is a person, entitled to possess. In the result, impugned order of the learned Sessions Judge as well as that of the learned Magistrate cannot be sustained. Thus, impugned orders are set aside.
6 Writ Petition is allowed. The respondents are directed to deliver the car in question, to the power of attorney holder of the petitioner on an Undertaking that Rane 6/6 he shall produce the car, when required and shall not sell or transfer the car without permission of the Trial Court. Subject to Undertaking, car shall be released forthwith to power of attorney holder of the petitioner. 7 Petition is allowed and disposed of in aforesaid terms.
8 Rule is made absolute.
(SANDEEP K. SHINDE, J.) Note : Corrections are carried out in para-3 and sub-
para(5) pursuant to speaking to minutes order dated 22nd September, 2021.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2021.09.29
14:27:28
+0530