Thane: A Sessions Court in Thane has set
aside an order of the local magistrate and directed the police
to hand over two vacant shop spaces to the owner, which were
sealed by police following a cheating case by some other
The Thane Chief Judicial Magistrate had earlier refused
to issue directions to Thane Nagar police to this effect.
The Additional Sessions Judge G W Awasarmol, while
admitting a criminal revision application preferred by
landlord Maganbai Thakkar, issued this order against the one
passed by the Magistrate on July 28, 2010.
The Sessions Judge directed the in-charge of Thane Nagar
police station to remove the seals affixed on the two shops-
number 3 and 4 in Dhanalaxmi Chambers near Thane Railway
station and hand over possession to the owner.
According to the background of the case, Rajesh Bhailal
Chawla, Umesh Challapan Nair, and Gurupritisingh
Rasalpalsingh, who had occupied Thakkar`s two shops on rent,
to run their business. However, they were later booked by
police in the cheating case and the shops were sealed by
Thakkar, in his petition stated that even though the
office-spaces belonged to him, he was not involved in the case
and hence the sealed property should be returned to him.
However, the Magistrate had turned down his request.
Thakkar challenged the order in the Sessions Court that
directed the police to return the property to the owner.
The judge however, has directed the land owner not to
sell, mortgage, transfer, modify or rent out the premises till
the disposal of the original case and will also furnish a
Indemnity Bond for Rs 10,00,000.