RAMESH SOHANRAJ JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr.Kurup for the applicant and the learned APP for the State. Nobody is appearing in this matter for respondent No.2.

(2.) THE petitioner has challenged order of the Additional Sessions Judge dtd.27th October, 1989 by which the criminal Appeal No.63 of 1987 filed by the present applicant was dismissed and the order of the Magistrate dated 4.12.1986 passed by the 28th Metropolitan Magistrate Court, Esplanade, Bombay, regarding return of the stolen property viz. 4 Gold bangles to the respondent No.2 before this court namely Chandrakant Vithoba Kuntha, was maintained.

(3.) ROHINI was thereafter tried by the Metropolitan Magistrate wherein the present applicant Ramesh Jain was examined as a prosecution witness. The Metropolitan Magistrate by his judgment and order dated 28.7.1987 acquitted Rohini of the charges under section 380 of the IPC and directed the parties to get their claim established in respect of bangles by approaching Civil Court.