Final Order 1

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ORDER BELOW NOTICE BEARING NO.99/N/19
IN C.R.NO.221/2018 OF VILEPARLE POLICE STATION, MUMBAI.
Neeraj Kumar Shobhnath Yadav ...... Applicant.
V/s
The State of Maharashtra Through
Police station as above. ...... Respondent
O R D E R
(Dated 26/06/2019)
1. The applicant is seeking custody of Micromax mobile phone
worth of Rs.1,000/ approximately.
2. The applicant submitted that police has seized above said
property. Now the said property is lying in the police station, and
therefore, he is seeking custody.
3. Investigating Officer and Ld APP submitted say and opposed the
application.
4. Perusal of this application it is clear that said R & P is already
committed to the Hon'ble Sessions Court and now those documents are
not available before trial court for perusal etc.
5. As per Sec.452 of the CrPC, the Hon'ble Sessions Court at the
conclusion of the trial, is having power to direct trial court to pass
necessary orders regarding disposal of the properties. However in the
present matter, said trial is yet incomplete. Further the Hon'ble
Sessions Court has not directed trial court to dispose of case property.
Said case property is evidence of the Session trial, therefore this court is
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not having jurisdiction to entertain this application at this stage.
Perusal of application etc it is found that application is without merits.
Therefore I proceed to pass the following order in the
interest of justice :
ORDER
This application stands rejected.
Sd/
Dt.26.06.2019 (S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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