Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 394/N/2018 Dharavi Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] By this application the applicant has prayed to grant permission
for disposal of Bolero Maxi Truck of Mahendra and Mahendra Co. bearing
No. UP52F8159 which was seized in C.R. No.447/2014 for the offence
u/s.408, 504, 506, 34 of the I.P.C. by Dharavi police station.
2] The applicant submits that the applicant is owner of the said
vehicle. He had received back the said vehicle by this Court on certain terms
and conditions. The applicant further submits that he is unable to maintain
the said vehicle and therefore he needs permission of this Court for disposal
of the same.
3] On the application say of respondent was called. The
Investigating Officer filed say and submitted that the chargesheet has been
filed. There is no need of vehicle for purpose of investigation. Hence,
necessary order be passed. The Ld. APP failed to submit the say.
4] Perused application and documents filed on record. Heard both
the sides. On perusal of record, it reveals that the said vehicle is required for
identification during trial as the matter is pending. Though, the chargesheet is
filed and investigation is over. At this stage, it is not proper to dispose the said
vehicle during pendency of trial. Hence, I pass the following order :
ORDER
The application stands rejected.
Mumbai
Date : 17/07/2019
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
-- 1 of 1 --