JIGAR HARSHAD JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Respondent No.2 is one of the accused in C.R.No.552/PW/2018 before the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Mumbai. He made Misc. application No.768/2022 before that Court for returning of certain amount. Learned Magistrate vide order dated 02. /05/2022 allowed that application and that the amount of Rs.5.77 crores was directed to be returned to the Respondent No.2 herein. The said order was challenged by the Petitioner herein, who was one of the investors, by way of Criminal Revision Application No.427 of 2023 before the Court of Sessions, Greater Mumbai. That Revision Application is still pending. He preferred Criminal Miscellaneous Application No.1001 of 2023 in Criminal Revision Application No.427 of 2023, for stay of the order passed by the learned Magistrate. The said application was rejected by the Special Judge under P.C. Act vide his order dtd. 12/05/2023. Being aggrieved by the order, the Petitioner approached this Court for challenging that order, apart from the prayer clause (b) challenging the original order passed by the Magistrate on 02/05/2023 referred to herein.

(2.) Heard Mr. J. B. Mishra, learned counsel for the Petitioner, Mr. M. K. Kocharekar, learned counsel for the Respondent No.2 and Mrs. M. R. Tidke, learned APP for the State.

(3.) This Court (Coram : Gauri Godse, J.) vide order dtd. 18/05/2023 had stayed execution order dtd. 02/05/2023 passed by the learned Magistrate.