LAWS(BOM)-2013-8-174

ANANDI ROY Vs. STATE OF MAHARASHTRA

Decided On August 28, 2013
Anandi Roy Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. By consent, Rule made returnable forthwith. The respondents waive service. By consent, heard finally forthwith.

(2.) The petitioner had lodged a report with Osmanpura Police Station, Aurangabad alleging commission of offences punishable under sections 454 and 380 of the Indian Penal Code by unknown persons. It was reported that, theft in respect of the gold ornaments and cash belonging to the first informant and his wife, totally valued at Rs. 89,300/ [ Rupees Eighty Nine Thousand Three Hundred only ] had been committed by some unknown offenders. The investigation commenced and three (3) persons came to be prosecuted in respect of the said offences. The trial held by the Judicial Magistrate First Class, Aurangabad resulted in the acquittal of all the accused persons. In the course of investigation, the stolen property was, allegedly, recovered by the investigating agency and this property was produced before the Court during trial. At the conclusion of the trial, the learned Magistrate passed an order directing the property to be returned to the respondent Nos. 2 and 3 herein, who are goldsmiths and from whom, according to the investigating agency, the said property had been recovered.

(3.) I have heard Mr. M.D.Narwadkar, the learned counsel for the petitioner, Smt. S.D.Shelke, the learned A.P.P. for the State and Mr. S.J.Gaike, the learned counsel for the respondent Nos. 2 and 3.