1 4-wp-437-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 437 OF 2026 New Reliable Carz, Propritary Concern Imran Riyazali Farishta Versus The State of Maharashtra through Police Station Officer, Police Station Dhantoli, Nagpur and another WITH CRIMINAL WRIT PETITION NO. 438 OF 2026 Mahendra D. Varia Versus The State of Maharashtra through Police Station Officer, Police Station Dhantoli, Nagpur and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Prateek D. Sharma, Advocate for the petitioner in both the WPs Shri A.M.Ghogre, APP for the respondent/State in WP No. 437 of 2026. Mrs. S.V.Kolhe, APP for the respondent/State in WP No. 438 of 2026 CORAM : MEHROZ K. PATHAN, J. DATED : 29th AUGUST, 2026. Heard learned counsel for the petitioner. 2. The limited grievance of the petitioner in the present petition is that the impugned order dated 21.04.2026 passed by the learned Judicial Magistrate First Class, Nagpur in Criminal Misc. SKNair 2 4-wp-437-26.odt Application No. 593 of 2026, thereby directing the transfer of the amount from the account of the present applicant to the account of the complainant, even without granting any opportunity of hearing to the petitioner who holds the accounts. 3. The learned Additional Public Prosecutor further submits that after registration of First Information Report, the respondent has conducted thorough investigation and during the course of investigation the Investigating Agency has traced money trail from the accused persons to several establishments wherein petitioner had received an amount of Rs.12,50,000/-. The complainant had transferred the amount of Rs.80,00,000/- to accused Amankumar Pande through Shivam Logistic and from the said account an amount of Rs.12,50,000/- was transferred to Seema Enterprises i.e. the firm of the present petitioner and from Seema Enterprises New Reliable Carz has received the amount of Rs.10,00,000/-. It is pertinent to point out here that said transfer of Rs.10,00,000/- was against the purchase of four wheeler vehicle though it is purchased by one Mahendra Variya i.e. the present petition through the New Reliable Carz the amount involved in the said transaction was from the siphoned amount. SKNair 3 4-wp-437-26.odt 4. Learned Additional Public Prosecutor further submits that the Investigating Agency after completion of investigation has filed the charge-sheet and had also filed supplementary charge sheet on 16.06.2025. Learned Additional Public Prosecutor further submits that after completion of investigation the details of freezed amount was given to the learned Judicial Magistrate First Class as per provisions of Section 102 of Criminal Procedure Code and copies of the same were forwarded to the petitioner and other beneficiaries. Learned Additional Public Prosecutor further submits that the petitioner received notice for Seema Enterprises and the notice was also served for New Reliable Carz as well. Inspite of having knowledge of the said seizure and freezing of account, the petitioner failed to approach the learned Judicial Magistrate First Class and register his objection. Since the petitioner failed to raise any objection, the learned Judicial Magistrate First Class was justified in passing the impugned order dated 21.04.2026. Learned Additional Public Prosecutor further submits that after passing the said impugned order since there was no interim stay to the said order the respondent had no option then to act upon the said order and said amount which was freeze from the account of New Reliable Carz account to the extent SKNair 4 4-wp-437-26.odt of Rs.10,00,000/- has been transferred to the account of complainant. While transferring the said amount the respondent had followed the directions issued by the learned Judicial Magistrate First Class and has taken undertaking of the respondent no.2. However, he submits that the order passed by the learned Judicial Magistrate First Class, Nagpur is already intimated to the petitioner and the amount is transferred from the account of the present petitioner to the account of the complainant. Thus, learned Additional Public Prosecutor submits that in the present petition appropriate orders may be passed. 5. Though it appears from the record that the Petitioners were not heard while directing transfer of the amount from their accounts, it is informed by the Respondent and admitted by the Petitioners that the amount has already been transferred to the account of the First Informant from the accounts of the Petitioners, and the impugned order has already been complied with. 6. The fact remains that the Petitioners were not heard while passing the impugned order dated 21.04.2026, and hence there is a violation of the principles of natural justice. Since the amount already stands transferred to the account of the First Informant, I am not SKNair 5 4-wp-437-26.odt inclined to entertain the present Writ Petition. However, the Petitioners are granted liberty to file an appropriate application justifying that the said amount transferred to his account was a genuine transaction and that he is entitled to receive the said amount. ORDER i. Both the Writ Petitions are dismissed. ii. However, the Petitioners are at liberty to file an appropriate application before the learned Trial Court seeking an opportunity of hearing and for transfer of the amount from the account of the Complainant, by furnishing proper explanation/justification of such transaction in their accounts. If such an application is moved by the Petitioners, the trial Court shall consider the same in accordance with law, after granting an opportunity of hearing to the Complainant and the prosecution, and shall decide the said application on its own merits. iii. With these observations, both writ petitions stand dismissed. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 07/09/2026 15:37:08