In view thereof, it was not necessary for the learned Magistrate
to ask for production of documents in respect of the ornaments claimed by
the petitioner. The learned Magistrate should have taken note of the legal
position that the custody, if any, would have been an interim custody subject
to final order of the Court to be passed under Section 452 of the Code of
Criminal Procedure at the conclusion of trial.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.538 OF 2012
Smt. Alka wd/o Shivram Fating,
1) State of Maharashtra,
2) Smt. Lata w/o Rambhau Shaniware,
aged about 45 years,
Occupation – Household Work,
CORAM : M.L. TAHALIYANI, J.
DATED : 4th JANUARY, 2013.