Gujarat High Court
Sureshchandra vs State on 30 September, 2008
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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SCR.A/1000/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1000 of 2008
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SURESHCHANDRA
PRAGJIBHAI SODHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
SP MAJMUDAR for Applicant(s) : 1,
MR PP MAJMUDAR
for Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/09/2008
ORAL
ORDER
1. RULE.
Shri R.C. Kodekar, learned Additional Public Prosecutor waives service of rule on behalf of the respondent-State.
2. The present application is filed by the applicant under Article 227 of the Constitution of India to quash and set aside the directions contained in the judgement and order dated 07/09/2007 passed by the learned Judicial Magistrate First Class, Upleta whereby the muddamal cash is ordered to be deposited with the State Government, as well as the order dated 05/11/2007 passed by the learned Presiding Officer, 3rd Fast Track Court, Gondal Camp at Upleta, by further praying that the muddamal cash seized in connection with Criminal Case No. 358/2007 shall be handed over to the original possessor-Manish Sureshchandra Sodha.
3. Considering the statement of the applicant recorded under Section 313 of the Code of Criminal Procedure to the effect that the muddamal cash was recovered from Manish Sureshchandra Sodha and nobody has made any application before the learned trial Court for getting the muddamal cash as contemplated under Section 452 of the Code of Criminal Procedure and even Manish Sureshchandra Sodha had also not made any application and/or revision application, it cannot be said that the order passed by both the Courts below are illegal, which requires interference of this Court in exercise of powers under Article 227 of the Constitution of India. Even the revision application at the instance of the applicant was not maintainable as the applicant-revisionist is not claiming to be the owner of the muddamal cash and even as per his statement recorded under Section 313 of the Code of Criminal Procedure, the muddamal cash belong to Mansih Sureshchandra Sodha. Under the circumstances, the present application deserves dismissal and is accordingly dismissed. Rule is discharged.
(M.R. SHAH, J.) siji Top