2. This application is filed aggrieved by the order dated 3 rd July 2018

passed by the learned Special Judge under M.C.O.C. Act 1999 for District Nashik

below Exhibit 37 in M.C.O.C. Special Case No. 02 of 2017 thereby rejecting the

application filed by the appellant praying for return of property viz. Scorpio Jeep

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bearing NO. MH-12 JZ- 3954 owned by the appellant.

3. The applicant abovenamed along with others is prosecuted at the

instance of Parner Police Station vide C.R. No. I-19 of 2017 and charged with

commission of offences punishable under Sections 143, 147, 148, 149, 109, 212,

465, 468, 201 of the Indian Penal Code and Sections 3/25, 4/25, 27 of the Indian

Arms Act. The applicant was shown arrested on 22 nd January 2017 and other co-

accused were also arrested in the said crime. On 17 th May 2017 the concerned

Investigating Officer seized Mahindra Scorpio vehicle owned by the applicant-

Accused No. 2 under Panchnama. Upon completion of investigation, charge sheet

was filed and case of the applicant is pending before the learned Special Judge.

The applicant preferred application for return of the aforesaid vehicle as the

investigation is over and vehicle is lying in open space. The learned Special Judge

rejected the said application on the ground that the applicant is in custody. Hence

this application.

2. Respondent No. 1 filed a complaint against the present petitioners. It

is contention of the petitioners that the Learned CJM, Sangli erroneously issued

the process against the present petitioners without considering the fact that the

prima facie case is not made out against the present petitioners. On 15.03.2014

summons were issued to the petitioners. On 30.04.2014 petitioners preferred a

Criminal Revision Application challenging the aforesaid order of issuing process

passed by the Ld. CJM, Sangli issuing process against the petitioners. On

03.04.2018 the Ld. Additional Sessions Judge although set aside the impugned

order dated 16.06.2011 thereby issuing process against the petitioners, however,

remanded the said criminal proceeding back to the Ld. CJM, Sangli for

reconsideration on the point of issuing process. Hence, the present petition.

2. The case of prosecution can briefly be stated as

follows :

Deceased Ruksana Bano was working as a Security

Guard in day time on the Construction site of one Mohd. Ashraf

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Mohd. Aziz situated at Yashodhara Nagar, Nagpur. While appellant

was working in Oxygen Cylinder Company situated near the

Construction site. On 19.4.2015, deceased had dinner with PW-7

Roshan Parveen Mohd. Ayub Sheikh. The deceased informed her

that, as wife of appellant was not in his house, she had also brought

meals for him and that the appellant was to come to have night

meals in her house. Thereafter, on the following day, dead body of

deceased was found at the site which was noticed by PW-2 Iqbal

Ahamad Khan, Security Supervisor who, therefore, gave information

vide his Report (Exh.31) which was recorded by PW-12 P.S.I. Suchita

Uday Mandare, who was attached to Yashodhara Nagar Police

Station and accordingly, she registered Marg No.19 of 2015 and

investigated the same, during the course of which she visited the

spot, drew Spot Panchanama and also seized bangle pieces under

Panchanama (Exh.39). Further investigation was carried out by

PW-13 A.P.I. Vikrant Ashokrao Sarne, who, on 21 st April, 2015,

recorded statements of five witnesses and effected arrest of appellant

on the same day under Arrest Panchanama (Exh.63) and seized

clothes on his person under Seizure Panchanama (Exh.42). On 23 rd

April, 2015, Memorandum Statement of appellant is recorded vide

Exh.43 and in pursuance to same, appellant discovered one coconut

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string in two pieces from the terrace of his house and seized mobile

phone of deceased under Panchanama (Exh.44) from PW-8 Sushila

Bhalavi. Thereafter, the appellant was referred for his medical

examination to verify if he was potent and for collection of his blood

sample under Requisition memos (Exh.54 and 55 respectively).

Query was made to PW-10 Dr. Sachin Giri by forwarding Coconut

string under requisition memo (Exh.67), which query was duly

replied by the said Medical Officer. Seized muddemal articles were

forwarded to Chemical Analyser under requisition memo (Exh.68).

During the course of investigation, Attendance Register Sheet of

appellant came to be seized under Seizure memo (Exh.72) from

PW-14 Vinodkumar Vishwanath Pande, who was working in the

Company where the appellant was working. On completion of

investigation, charge-sheet is filed before the learned Judicial

Magistrate, First Class, Nagpur. In the course of time, the case was

committed to the Sessions Court for trial.