C.N.Ilankumaran vs State Represented By on 21 November, 2023
49.Again we have to go to the judgment of Nevada
Properties Private Limited Vs. State of Maharashtra and
others (AIR-2019 SC 4554).
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Nevada Properties Pvt. Ltd. Through Its ... vs The State Of Maharashtra on 24 September, 2019
C.N.Ilankumaran vs State Represented By on 21 November, 2023
49.Again we have to go to the judgment of Nevada
Properties Private Limited Vs. State of Maharashtra and
others (AIR-2019 SC 4554).
Nexgen Mahindra Sales And Service ... vs The State Of Jharkhand on 17 October, 2025
48. The question involved in the instant writ petitions is whether in
exercise of powers under 106 BNSS, 2023, immovable property of
Petitioners could have been seized. Thus, this proceeding admittedly
arose in the exercise of power under criminal law and the proceeding
would be criminal proceeding. This Court is in agreement with the ratio
laid down by Bombay High Court that a criminal writ petition would be
maintainable under Article 226 or 227 of the Constitution of India, if it
19
2025: JHHC:32214
arises out of or relates to an investigation, inquiry or trial of offence
under Special or General statutes.
Farhan vs State & Anr on 11 May, 2022
for interpretation of precedents for the consideration of the Court. To
explain this test, she cites State of Gujarat v. Utility Users Welfare4
and Nevada Properties Pvt Ltd v. State of Maharashtra5. Applying
the said test, Ms. Nundy, referring to specific paragraphs of
Independent Thought1 for each, submits that the decision is an
authority for the following propositions:
Dharmendra Chawra Harish Bhai S/O Shri ... vs State Of Rajasthan (2026:Rj-Jp:533) on 5 January, 2026
In case of Nevada Properties Pvt. Ltd. Vs. State of
Maharashtra (supra), Hon'ble Supreme Court has
observed as under:-
Unknown vs The State Of Assam on 1 February, 2023
18. It has been held by the Hon'ble Supreme Court in Nevada Properties
Private Limited (supra) that the police is not empowered to seize any
immovable property. It is apparent from "Reply regarding zimma of articles"
Crl.Pet./356/2022 on 2 March, 2023
On considering the decision of the Apex Court in Nevada Properties
Private Limited (supra), we are of the view that the Apex Court has not
made any interpretation or laid down any law, with regard to whether Section
457 Cr.P.C would be applicable at the stage of investigation. Accordingly, the
decision made in the above case, in our view, is not applicable to the issue to be
decided herein.
Nexgen Mahindra Sales And Service ... vs The State Of Jharkhand on 17 October, 2025
48. The question involved in the instant writ petitions is whether in
exercise of powers under 106 BNSS, 2023, immovable property of
Petitioners could have been seized. Thus, this proceeding admittedly
arose in the exercise of power under criminal law and the proceeding
would be criminal proceeding. This Court is in agreement with the ratio
laid down by Bombay High Court that a criminal writ petition would be
maintainable under Article 226 or 227 of the Constitution of India, if it
19
2025: JHHC:32214
arises out of or relates to an investigation, inquiry or trial of offence
under Special or General statutes.
Nexgen Mahindra Sales And Service ... vs The State Of Jharkhand on 17 October, 2025
48. The question involved in the instant writ petitions is whether in
exercise of powers under 106 BNSS, 2023, immovable property of
Petitioners could have been seized. Thus, this proceeding admittedly
arose in the exercise of power under criminal law and the proceeding
would be criminal proceeding. This Court is in agreement with the ratio
laid down by Bombay High Court that a criminal writ petition would be
maintainable under Article 226 or 227 of the Constitution of India, if it
19
2025: JHHC:32214
arises out of or relates to an investigation, inquiry or trial of offence
under Special or General statutes.
Nexgen Mahindra Sales And Service ... vs The State Of Jharkhand on 17 October, 2025
48. The question involved in the instant writ petitions is whether in
exercise of powers under 106 BNSS, 2023, immovable property of
Petitioners could have been seized. Thus, this proceeding admittedly
arose in the exercise of power under criminal law and the proceeding
would be criminal proceeding. This Court is in agreement with the ratio
laid down by Bombay High Court that a criminal writ petition would be
maintainable under Article 226 or 227 of the Constitution of India, if it
19
2025: JHHC:32214
arises out of or relates to an investigation, inquiry or trial of offence
under Special or General statutes.