Disposed

Jefrin Grigoi Almeida v. the State of Maharashtra and Ors.

Bombay HC16 Feb 2006WP/253/2006

Case brief

AI extract

What is this about?

This writ petition challenged the Metropolitan Magistrate's refusal to return a vehicle used for offences to its non-accused registered owner. The court granted liberty to reapply for the vehicle's return once photographs of a hidden chamber are produced as evidence.

What did the court decide?

Liberty granted to reapply under Section 457 IPC for return of the vehicle after the production of photographs of the hidden chamber.

Jefrin Grigoi Almeida Vs the State of Maharashtra and Ors. — Property and Title | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.253 OF 2006.

Mr.Jefrin G. Almeida

... Petitioner.

vs.

State of Maharashtra and others.

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.... Respondents

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Mr.Kamal A. Patel, for Petitioner.

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Mr.D.R.More, APP, for Respondent no.1-State.

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CORAM: R.S.Mohite, J .

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DATED: 16^th February, 2006

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P.C .:-

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This is a petition impugning the order passed by the Metropolitan Magistrate 22^nd Court, Andheri, Mumbai, refusing to return the vehicle which is used for commission of offence under Section 452, 392, 307, 397, 414, 201 and 34 of the Indian Penal Code. The applicant is a registered owner. He is not a accused in this crime. The main accused in the case is James Almeida. It appears from the record that there was hidden chamber in this vehicle near the right leg

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of the Driver which was used for concealing the stolen property. This is an important piece of evidence. A.P.P. states that the photographs of this chamber will be taken and will be produced before the concerned Magistrate within a period of three weeks from today. On placing of such additional material before the Magistrate, liberty is granted to reapply to the Magistrate under Section 457 of I.P.C. for return of property. The said application would be considered by the Trial Court on its merit keeping in mind the fact that the material relating to the existence of such chamber is on record. With these observations, the application is disposed of.

Jefrin Grigoi Almeida v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Jefrin Grigoi Almeida v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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