Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 367/N/2023
C.R. No. 1179/2022.
Nirmal Nagar Police Station.
CNR No.MHMM18-006542-2023
Nitin Gopal Gonbare … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Nitin Gopal
Gonbare for release of 10 grams gold chain, which is seized by the Nirmal
Nagar Police Station in connection with Crime No. 1179/2022 registered with
the Nirmal Nagar police station for the offence punishable under section 392 of
I.P.C.
2) Say was called from I. O., A.P.P. and accused – Sainoor Abdul
Rehman Shaikh. I.O. & APP have no objection. Applicant failed to serve the
notice on said accused.
3) In support of his contention regarding ownership, applicant has
filed on record xerox copies of purchase receipt, FIR, statement & Aadhar card
alongwith his affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible. In this application, said gold chain
recovered from accused Sainoor Shaikh by police and therefore, his say is
necessary. Since long, applicant has given considerable opportunity to serve
-- 1 of 2 --
notice on accused or take step against accused. But he failed to do it. He filed
another application in this application contending that old age widow is
suffering. But in this application, applicant is male and he failed to take steps
against accused. Without say of accused, possession of said muddemal cannot
be decided. Therefore, said applicant is not entitled for getting the custody of
gold chain. Hence following order :-
-:	-: O R D E R	O R D E R :-	:-
Application is rejected.
Date : 25.04.2024
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
-- 2 of 2 --