IN THE COURT OF JUDICIAL MAGISTRATE (F.

C) BHIWANDI
AT BHIWANDI
O.M.A /2021
IN
CR.NO 0252 /2021

MR. VIKAS M SAKUNDE

Age about 51 years Occ- service
R/at-Room No. 25, 1 Floor, 616 Laxmi Building,
st

Joshi Marg. Chincpokli Byculla Mumbai

… Applicant
Vs.
State of Maharashtra
(Bhiwandi city police station)
… Respondent

Application under the provision of section 457

of CRPC for return of property is as under;

MAY IT PLEASE YOUR HONOR

That the applicant above named respectfully begs to submit

as under;

1. That applicant submits that, he is the owner of the vehicle

registered no. MH01-CJ5336 more particularly described in
schedule hereunder.

2. That applicant further submits that, respondent-police seized

VEHICLE belonging to the applicant in connection with the crime
registered bearing CR No 252/2021 at above said police station
against 5 accused; it is alleged by respondent-police that accused
no.5 namely Mohd. Shahid shaikh committed the offence which is
punishable offence under the provision of section 5, 5C,9 9A B 5B,
prevention of cruelty to animal Act and section 429 of IPC said
vehicle found and used in alleged crime by him while carrying the
mutton in said vehicle as carrier.

The applicant is registered owner of the said vehicle and he

has given the permission to drive said vehicle to him, he is merely
registered owner however accused no. 5 has lawful possession
over the said vehicle.

3. Description of vehicle

1
 Registered No MH01CJ5336
Maker’s name Maruti Suzuki India Ltd
Engine No G12BN466647
Chassis No MA3ERLF1S00489894

4. That applicant submits that, investigation in respect of said

vehicle is completed and said vehicle lying nearby police station in
very bad condition (hereinafter for brevity referred as said
property)

5. That applicant shall produced said vehicle in the court as and

when required, and shall submit the photograph of said vehicle in
police station in case of secondary evidence subject to order of the
Hon’ble court to that effect.

6. That interim custody of the said property subject to condition may

be passed as applicant is entitled to get back the custody of said
property as registered owner.

7. That this is first application in respect of same subject matter no

application is pending or sub-judice, there is every jurisdiction to
entertain this application.

8. It is therefore prays that

A. Interim custody of said described vehicle may be allowed in favor

of the applicant.

B. Respondent-police be directed to released the said property to

applicant on the terms and condition as this court deem fit and
proper.

Filed in the court

On
Applicant

Adv. for the Applicant

Verification

IN THE COURT OF JUDICIAL MAGISTRATE (F.C) BHIWANDI

AT BHIWANDI
O.M.A /2021

2
MR. VIKAS M SAKUNDE … Applicant
Vs.
State of Maharashtra … Respondent

Affidavit

I M R . V I K A S M S A K U N D E Age about 51 years

Occ- service R/at-Room No. 25, 1st Floor, 616 Laxmi Building,
Joshi Marg. Chincpokli Byculla Mumbai do hereby solemnly
affirm and states as under;

1. I say that I have filed application for return of property to me

as owner Para no 1 to 8 are adopted by me for the sake
repetition.

Solemnly affirm on this day of ___ July 2021

Deponent

Identified by me

Filed in court