Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. :- 792/N/2018. C.R No.-110/2018
Powai Police Station.
Mr. Shailesh Haribhau Gaikwad
Adult, Indian Inhabitant of Mumbai
Residing at Dattaguru Chawl, Lokmanya Society,
Shamshan Bhoomi Road, Varsha Nagar Parksite,
Vikhroli (West), Mumbai – 400 079.
… Applicant.
V/s.
Sr. Inspector of Police,
(Powai Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
1. Perused the application and say of concerned police station. Ld.
APP has not filed his say. Read the documents filed alongwith the
application. None is present when called for. Applicant has filed this
application for return of property i.e. Honda City Car bearing
registration no. MH-03-Z-4247 seized in Crime No. 110/2018 registered
with Powai Police Station for the offences punishable under sections
365, 394, 395, 504, 506, 506(2) of Indian Penal Code. During
investigation, IO seized above car by preparing detailed panchanama.
IO has filed his No objection to grant the present application.
2. Applicant has filed the verified copy of RC book (Exh.5) on
record. It is in the name of Rajeshwar Kumar Kapur. It is the case of
applicant that Mr. Kiran Chandrakant Hulawale has purchased seized
vehicle from Rajehwar Kumar Kapur. Applicant further said that he
obtained exclusive possession of seized vehicle from Kiran Chandrakant
Hulawale on 01/07/2017. In sum and substance, applicant wants to
show his possession over the seized vehicle. Admittedly, seized vehicle is
not transferred in the name of applicant. Applicant had not produced
affidavit of previous owner granting No Objection to release the vehilce
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in favour of applicant. In such situation, I find no merit in the
application. Hence, the order:
O R D E R
1. Application stands rejected.
2. Proceeding be closed.
Date : 19/10/2020 (Bhagawat T. Zirape)
Metropolitan Magistrate
66th Court, Andheri, Mumbai
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