TARABAI RAGHUNATH SANKHE Vs. SHEETAL RAVINDRA SANKHE

JUDGEMENT

(1.) This petition questions the order passed by the learned Additional Sessions Judge in Revision Application No. 7 of 2007 whereby he maintained the order passed by the learned Judicial Magistrate First Class, II Court, Palghar, allowing application of Respondent No. 1 for return of property, on her executing a bond of Rs. 1,56,000/- with direction not to dispose of the said property till the final disposal of the case and to produce the property before Court as and when directed by trial Court. The trial of offence punishable under Section 498-A, 406, 323,504, 506 r/w Section 34 of Indian penal Code, (CR. No. 135 of 2008), is still pending. The apprehension of the learned counsel for the petitioner is that the learned Magistrate may get influenced by the observations in the order dated 7th March, 2009, passed below Exh. 1 in M.A. No. 199 of 2008 and M.A. 201 of 2008, by the learned J.M.F.C. as also in the Revision Application No. 7 of 2009, by the learned Additional Sessions Judge, The apprehension can be set at rest by clarifying that at the end of the trial for offence punishable under Section 498-A, 406, 323, 504, 506 r/w Section 34 of Indian penal Code, (C.R. No. I-135 of 2008), the learned Magistrate would consider and decide the issue relating to return of property on the basis of evidence that may be before him.

(2.) There was no need for the petitioner to rush to this Court since the order which is challenged is interlocutory in nature. The petition, therefore, can be disposed of by following order.