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2006 Supreme(Kar) 513

H.V.G.RAMESH
UMA – Appellant
Versus
STATE BY SAMPANGIRAMANAGAR POLICE STATION, BAN GALORE – Respondent


Advocates:
Advocate Appeared
Sri M.J. Alva, Advocate for Petitioner in Cri. P. No. 640 of 2006 and for Respondents in Cri. P. No. 2964 of 2006;
Sri B.A. Belliappa, Government Pleader for Petitioner in Cri. P. No. 2964 of 2006 and for Respondent in Cri. P. No. G40 of200G.

ORDER

Criminal Petition No. 640 of 2006 is filed seeking to relax the condition imposed by the Additional Chief Metropolitan Magistrate, Bangalore while ordering releasing of the seized property in favour of the petitioner and also to set aside the order dated 1-12-2005 Annexure-A in C.C. No. 5866 of 1990.

2. Criminal Petition No. 2964 of 2006 is filed by the State seeking to set aside the order dated 11-4-2005 in C.C. No. 5866 of 1990 passed by the Chief Metropolitan Magistrate, Bangalore allowing the application filed by the respondents under Sections 451 and 457 of the Cr. P.C.

3. One Smt. Uma W/o Chakravarthy a resident of Kolathllr in Dharmapuri District filed a petition. It is her case that the Srirampuram Police has registered a case against her husband in Crime. No. 428 of 1988 under Section 41(1)(d) read with Section 102 of the Cr.P.C. alleging that he was in possession of diamond stones without any proper documents for the possession of the same and they had seized 1246 stones of 84 carats 97 cents and 139 stones of assorted sizes, in all 1385 stones from the possession of the husband of the petitioner under a mahazar and recorded the seizure in PF 61/1988. Subsequently, the























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