Neeraj Kaushal
(Querist) 24 April 2011
This query is : Resolved
i have filed an application u/s 452 of Cr.P.C. in the court of J.M.I.C. for releasing the vehicle in case u/s 302 of I.P.C.which was decided by Session court and all accused were acquitted . J.M.I.C. has objected that my application before him is not maintainable , vehicle will be released by Session court, I need a citation that J.M.I.C. can released the vehicle if case has been decided by Session court.
james
(Expert) 28 April 2011
The view of the magistrate is correct. when the case is committed to sessions ,their ends the powers of the m agistrate. Actually it is the duty of the judge to make an order of dispossal at the time of acquittal order. u can file an aPPLICAtion before the judge
Advocate. Arunagiri
(Expert) 28 April 2011
You have to file the petition to the court which tried the case.
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