NIMESHKUMAR SHURESHBHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms. Rinku Patel, learned advocate for Mr. Jaydeep Singhi, learned advocate for the applicant and Maithili Mehta, learned APP for the respondent - State through Video Conferencing.

(2.) RULE. Ms. Mehta, learned Additional Public Prosecutor waives service of notice of rule for respondent - State. With the consent of learned advocates for both the sides, rule is fixed forthwith.

(3.) The present application has been filed under Articles 226 and 227 of the Constitution of India and under the provisions of the Criminal Procedure Code for the following reliefs. A. YOUR LORDSHIPS may please to issue a writ, order or direction directing the Respondent No.1 to release / handover the possession of muddamal i.e. the MOTORCYCLE - SPLENDOR + (13S ? SELFDRUM ?CAST (Make ? HERO MOTOCORP LTD) bearing Registration No.GJ ?34 ?F ?6965 and Chassis No. MBLHAW088K5F19296 and Engine No. HA10AGK5F25430 to the applicant on appropriate conditions as deemed fit by this Hon'ble High Court; B. Pending admission and final hearing of this application, Your Lordship may please to to issue a writ, order or direction directing the Respondent No.1 to release / handover the possession of muddamal i.e. the MOTORCYCLE - SPLENDOR + (13S ? SELFDRUM ?CAST (Make ? HERO MOTOCORP LTD) bearing Registration No.GJ ?34 ?F ?6965 and Chassis No. MBLHAW088K5F19296 and Engine No. HA10AGK5F25430 to the applicant on appropriate conditions as deemed fit by this Hon'ble High Court. C. Such other and further relief as may deemed just and necessary in the facts and circumstances of the present case may kindly be granted.