Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-005030-2024 C. C. No. 1582/PW/2024
Boney Kapoor V/s. Santacruz-P. Stn.
Order below (Exh.-3)
The applicant Boney Kapoor through his power of attorney
holder Smt. Bina Shah has filed the present application for permission
to sale Mercedes car bearing No.MH-02-EE-4320. According to
applicant by order dated 26/07/2023. he has received the custody of
said car and while passing fair order court has imposed the condition
that, till final decision of the present case, as C. R. No.49/2022
registered with Mira Road police station, the applicant shall not sale,
transfer, alter, dispose off or handover the car.
2. Now the investigation is completed and chargesheet is came
to be filed. Applicant has purchased new car in the month of July 2022
and the Car in question is not being used by him, therefore, he wants to
sale the car in question. Lastly, applicant prayed that permission be
granted to sale out the car.
3. Ld. A.P.P. Shri Joshi for the State by filing his reply resisted
the application and contended that, the car in question having great
evidential value and needs during trail. The car is necessary for trial.
Lastly he prayed that, application be rejected.
4. The car in question is also subject matter of C.R.
No.491/2022 of police station–Mira Road. Therefore, notice to the
informant of the said F.I.R. by name Rehan Shaikh, came to be issued.
He through his Ld. Advocate Shri Aashih Pandey appeared in the matter,
but not filed his say to present application.
5. The record shows that, at the instance of informant F.I.R.
bearing No.1123/2022 came to be recorded in police station–Santacruz
against Raj Jaiswal. The car in question is subject matter of said F.I.R.
the F.I.R. bearing No.491/2022 came to be registered by Rehan Shaikh,
-- 1 of 3 --
.. 2 ..
wherein the present car is also subject matter. Both the F.I.R. are in
respect of allegations of cheating and misappropriation in relation to
the car. The car was seized by Mira Road police station. Latter on the
said car has been taken in the present C. R. No.1123/2022 and on
26/07/2023 the custody of car has been handed over to the applicant
being registered owner. It further appears that, Ld. JMFC, Court No.11,
Thane, on 28/08/2024 rejected the prayer of applicant for sale of the
car on the ground that, said court had no jurisdiction.
6. It is to be noted that, the applicant is registered owner of
the car in question. He wants to sale out the said car. The allegations in
respect of the present C.R. No. 1123/2022 of police station Santacruz
and 491/2022 of police station Mira Road are regarding cheating in
respect of the car. Now the Santacruz police have filed the chargesheet.
On 12/04/2024. I am opinion that, much more time is required for final
decision of the case. Actual car is not at all necessary for trial of the case
and considering the allegations in both crimes in absence of car trial can
be proceed. The car is lying without use, which would cause financial
loss to the applicant. In such circumstances, by taking the particulars of
the car permission can be granted to sale the car. No loss would cause to
either party, if permission as sought is granted. Hence, I proceed to pass
following order.
ORDER
1 The application is granted.
2 The permission is hereby granted to sale the car bearing
No.MH-02-EE-4320 subject to following conditions.
3 The applicant shall after selling the car submit to the
court, to whom he has sold out the car with his
residential address.
-- 2 of 3 --
.. 3 ..
CNR No.MHMM18-005030-2024 C. C. No. 1582/PW/2024
Boney Kapoor V/s. Santacruz-P.
Stn.
4 The applicant shall after selling the car placed on record
the copy of transfer certificate in respect of the car
issued by RTO.
5 If at the time of conclusion of trial it finds that, the
applicant is not entitled to have custody and sale the car
then he shall deposit in the court the sale proceed of the
car.
6 The applicant shall before selling the car took photo
from each angle and also took photo of the chassis
number of the car and place them in court.
7 The applicant shall execute the indemnity bond of I.
15,00,000/- and filed in the case.
8 The applicant shall obtain the certified copy of this
order and shall produce the same in the court of JMFC,
Court No.11, Thane, wherein the case arising out of C.
R. No.491/2022 of police station–Mira Road, is
pending.
Mumbai.
Date : 17/07/2025.
SRD.
Sd/-
(A.B.Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 17/07/2025.
-- 3 of 3 --