KISHOR RAMESH SOHONI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) The Respondents have filed their Affidavits in Reply. By consent, the Respondents having waived service of Rule, we make Rule returnable forthwith and take up the Petition for hearing and final disposal.

(3.) The facts of the case are not contentious. The Petitioner filed a CR No 564 of 2016 with the Dombivali police station under Sec. 420, 504 and 506 of the Indian Penal Code, 1860. The Petitioner was the first informant. That case is pending trial. In that matter, the Judicial Magistrate, First Class-3, Kalyan, Thane directed the accused to deposit Rs.1,60,000.00 with the police station. The accused deposited the amount in cash. The matter rested there until 20/3/2017. On that date, the JMFC-3, Kalyan directed the Petitioner and one witness to collect the money from the police station. The Petitioner was entitled to Rs.60,000.00 and the witness was entitled to Rs.1.00 lakh. The witness filed an Affidavit stating that the Petitioner was entitled to the entire amount.