Criminal Writ Petition challenging a condition in a Magistrate's order under Section 457 CrPC that vehicle return is subordinated to Revenue authorities' Section 48 action. Bench held Magistrate cannot fetter own powers and allowed petition.
Impugned condition preventing return of vehicle is quashed and set aside. Rule made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
941.WP.35.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO.35 OF 2021
Pravin S/o Eknath Solanke, Age : 38 years, Occu: Agriculture, R/o : Amla Bk., Taluka Dharur, District Beed.
… PETITIONER
VERSUS
The State of Maharashtra through Police Inspector, Rural Police Station, Majalgaon, Taluka Majalgaon, District Beed.
… RESPONDENT
Advocate for Petitioner : Mr. A.B. Kharosekar APP for Respondent/State: Mr. P.G. Borade
CORAM : MANGESH S. PATIL, J.
DATE : 22.01.2021
ORAL JUDGMENT :
Heard both the sides.
1/3
941.WP.35.21.odt
Maharashtra Land Revenue Code (for short, “MLRC”) and Sections 21 and 28 of the Mines and Minerals Act.
2/3
941.WP.35.21.odt
(MANGESH S. PATIL, J.)
habeeb
3/3
2 issues framed by the court
Whether a Magistrate can impose a condition preventing the return of a vehicle under Section 457 CrPC pending exhaustion of Section 48 powers under the Maharashtra Land Revenue Code.
Whether such a condition makes the return of the vehicle contingent upon Revenue Authorities and is therefore illegal.
3 provisions across 3 enactments
Pravin S/o Eknath Solanke
The State of Maharashtra through Police Inspector, Rural Police Station, Majalgaon
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
