C.R. NO.

18/2024

IN THE COURT OF HON’BLE

JUDICIAL MAGISTRATE FIRST CLASS, PUNE,
AT PUNE,

MR. JAGDISH NATHURAM ASWANI

AGE:49 YEARS, OCCUPATION: BUSSINESS
R/at: PWD,6/7 PIMPRI,
PUNE-17. … APPLICANT

VERSUS

STATE OF MAHARASHTRA
(Through, Vishrambaug Police Station) .
… RESPONDENT

APPLICATION FOR RETURN

OF PROPERTY UNDER
SECTION 457 OF THE CODE OF
CRIMINAL PROCEDURE

HEREIN, an application on behalf of Applicant Mr. JAGDISH

NATHURAM ASWANI , is as follows-
1. That the applicant stated that, he is residing at above
mentioned address. In above mentioned C.R. No. 18/2024of
Vishrambaug police station Police officers of the Vishrambaug
Police Station seized the vehicle bearing MH12 DS 4525 having
Chassis No. MB8EA11AGJ8104810 and Engine No.
AF211738696 and amount of Rs:3,70,700/-. for offence
punishable under section 381 of Indian Penal Code In due
course of investigation said vehicle and amount of
Rs_______ was seized from the spot of incident.
2. Applicant further states that, Mr.vaijnath kamble allias PINTU is
working under applicant’s mobile shop situated in Sadashiv peth
pune. It is further stated that, the accused person was using the
vehicle no. MH12 DS 4525( Suzuki Burgman ) provided to him
to by the applicant for the purpose of collecting cash from
customers in the course of the business run by the Applicant.
3. On 28/01/2024 the abovementioned accused was instructed by
the applicant asked to collect the amount of Rs. ______ from one
of the customers of the abovementioned Applicant.
4. It is further humbly submitted by the Applicant, that the accused
collected the aforesaid amount of Rs. 3,70,700/- from Mr.
Jatinkumar Matlai and ran away with the abovementioned
amount and vehicle.
5. During the course of investigation, the Police has seized the
abovementioned vehicle and recovered an amount of Rs. ______
from the accused. The vehicle and the recovered amount is in
custody of the Vishrambaug Police Station.
6. Applicant, further stated that, He needs the said vehicle for
purpose of his daily use and there is need to repair the said
vehicle. Applicant states that if the vehicle is keep lying in
the police station without proper Care, unused,
unprotected, then considering the nature of the said
property, it’s value will be deteriorated, Engine and Parts
will get junk. Hence, there is possibility that its spare parts
get damaged.
7. Applicant further stated that the Applicant conducts
business and transfers cash on a regular basis for the
purpose of running the business, and the amount stolen by
the accused and recovered by the police is of utmost
necessity in order to keep the business running and prevent
irreparable loss and undue hardship to the business of the
Applicant.
8. Applicant further stated that, if the vehicle and recovered
cash of applicant is not returned to the Applicant then he
will suffer huge loss.
9. Applicant further stated that, Applicant is ready to abide by
the conditions if any imposed for releasing the said
vehicle. Hence, he has filed the present application.
9.1. Applicant is law-abiding person.
9.2. If the present application is allowed then, it will not cause any
harm, damage or loss to the complainant (s) in any manner.
9.3. In the interest of justice, it becomes necessary to allow the
present application.
10. THEREFORE, for these reasons and for those that will be urged
at the time of the hearing of the present Application it is kindly
prayed that,
10.1. The present application may kindly be allowed.
10.2. Vehicle bearing and recovered cash of the applicant having
vehicle no. MH12 DS 4525 having Chassis No.
MB8EA11AGJ8104810 and Engine No. AF211738696
and amount of Rs:_____/-, kindly be returned to the
applicant on certain terms and conditions Any other just and
equitable orders may kindly be passed in favor of the Applicant.
HENCE, the application.
PLACE : PUNE
DATE : FEB 2023