Dismissed

Smt Anjali W/O Manohar Bute v. Mamta Co-Operative Housing Society, Nagpur through Anand C Trivedi and Others

Bombay HC26 Sept 2012APL/584/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench dismissed a Criminal Application filed for the return of seized documents. The court held the application lacked substance as it was filed with the prior knowledge that it would be withdrawn based on the view expressed in a similar earlier proceeding. Costs were imposed on the applicant.

What did the court decide?

Application dismissed with costs of Rs. 5,000 imposed on the applicant.

Smt Anjali W/O Manohar Bute Vs Mamta Co-Operative Housing Society, Nagpur through Anand C Trivedi and Others — Bombay HC (2012) — LawSathi Research

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26.09.apl.584.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CRIMINAL APPLICATION (APL) NO. 584 /2012

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(Smt., Anjali w/o Manohar Bute vs . Mamta Co-op. Housing Society Nagpur and others )

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.................................................................................................................................................................... Office Notes, Office Memoranda of

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Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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CORAM : M.L. TAHALIYANI, J. DATED : 26^th September, 2012.

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Heard Mr. N.R.Kanungo, learned counsel for the

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applicant.

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The applicant has moved this Court for return of document seized by Sadar Police Station (respondent No.4), during the course of certain investigation of a criminal charge against the applicant in the said Police Station. This is the first date of hearing of the Application. Learned Advocate for the applicant prays that in similar Application i.e. Criminal Application No. 259/2012, this Court has passed the following order :-

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“ The learned counsel for the applicant prays for withdrawal of the application with liberty to move the Court of Magistrate under Sections 457, or 451, or 452, whichever section is applicable to the proceedings.

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The Application stands disposed of as withdrawn with liberty as prayed for.”

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26.09.apl.584.12

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It is submitted that in the present case also, similar order may be passed.

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It is, thus, clear that the applicant has filed this Application only with a view to withdraw the same on the very first day of it. It should have been clear to the applicant that the Court in the similar matter had expressed the view that such an Application has to be moved before the Magistrate either u/s 451, or u/s 452, or u/s 457, as the case may be. The present Application is moved without there being any substance and with prior knowledge that it was to be withdrawn.

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The Application, therefore, is dismissed. Costs of Rs.5,000/- (Rupees five thousand) is imposed on the applicant to be paid in the Office of the Registrar (Judl) of this Court today itself, before 4.00 p.m.

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JUDGE

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sahare

Smt Anjali W/O Manohar Bute v. Mamta Co-Operative Housing Society, Nagpur through Anand C Trivedi and Others

Case brief

What is this about?

What did the court decide?

Smt Anjali W/O Manohar Bute v. Mamta Co-Operative Housing Society, Nagpur through Anand C Trivedi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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