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Rajesh (student)     17 March 2011

criminal procedure code 457

i  am searching for few judgements i have the citation which is mentioned below i tried on internet but couldnt find it if any one has the pls send it accross also

1981 SRINAGAR LJ 205
1981 8 CRILJ 88(DB( (J &K)
2006 (1) AIR JHAR R 746
2006(1) JLJR 465
2005 (1) ORRISA LR 406
2005 (30) OCR 768
ILR 1973 1  PUNJ 385 (390)
1884 9 BOM 131
1988 PAT 365

i would like to have advice in criminal law when a offence under 406 is registered and if the person has deposited that property under protest to police after the court orders can that property be subject matter of 457 CRPC

pls advice me



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 2 Replies

Rajiv (Senior Consultant)     18 March 2011

Yes, S-457 is talking about seizure. And if your submission under court order has been under protest, then a case of claiming the same under 457 can be made out.

Therefore, there is no harm in at least trying to seek the release of such a property if it is still in the possession of the police, or court.

But fair chances are that the magistrate will dismiss 457 application and instead press for trial under 406. Unless, you can prove that the property so kept with the police / court is going through deterioration / destruction, and so needs immediate adjudication.

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Rajesh (student)     18 March 2011

sir actually i had deposited rs 6 laks under protest with the police station for the offence of 406 now upon my application magistrate in order to secure intrest of both parties had ordered money to be kept in FD pendig trial now the complainat had applied under 457 which was rejected

 

subsequently the money is now earning intrest and then the complainat challenged the order and sessions court reversed the order when the said property was subbmitted to the trial court which is diifrent from the revisional court


my  question is if u could help me on the judgements asked above and also can property once subbmitted to trial court the revisional court exercising powers under 457 release the property when the same was not in custody of police and was in trial court custody

 

ist it intereference in administration of justice by one court to other


if we presume the court has passed exercising 451 crpc then too how can revisional court exercise powers which was not exercised by the earlier court

secttion 451 is the powers assigned only to trial court and in case if there is an error in exercising the powers by trial court only then the revisional court can come in to picture but not prior to the exercisiing the powers.

 


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