BHARTI M. UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioner has prayed for the following reliefs:

(2.) Heard learned advocate Mr.Prashant Sharma appearing for the petitioner and learned APP Ms.Maithili Mehta for the respondent State.

(3.) Learned advocate for the petitioner has referred the averments made in the memo of the petition and, thereafter, submitted that the petitioner is the registered owner of the vehicle in question. Vehicle in question has been seized by the Investigating Agency in connection with the FIR filed under Ss. 406 , 420 and 114 of the Indian Penal Code. Learned advocate has referred a copy of the said FIR, which is placed at Page-14 of the compilation. At this stage, it is pointed out from the record that the petitioner has filed an application under Sec. 451 of the Code of Criminal Procedure, 1973 ('the Code' for short) before the concerned Magistrate Court with a request that interim custody of the vehicle in question be handed over to the petitioner. It is further submitted that the said application has been filed by the petitioner in September, 2021. However, till date, the said application has not been decided by the concerned Magistrate Court and, therefore, learned advocate has urged that appropriate direction be issued. 3. Looking to the limited grievance raised by the petitioner in the present petition at this stage, this petition is disposed of, with a direction to the learned 3rd Chief Judicial Magistrate, Valsad, to decide the Criminal Misc. Application submitted by the petitioner under Sec. 451 of the Code as expeditiously as possible preferably within a period of four weeks from the date of receipt of the order, in accordance with law. It is clarified that this Court has not examined the merits of the case.