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2022 Supreme(Raj) 514

PUSHPENDRA SINGH BHATI
Anandi Lal – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. N.K. Rastogi.
For the Respondent: Mr. Mukhtiyar Khan, PP.

JUDGMENT :

In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

2. The appeal has been preferred claiming the following reliefs:-

    " It is, therefore, prayed that the appeal may kindly be allowed and the order dated 01/10/93 passed by the trial court be set aside in respect of the property ordered to be restored to Respondent No.2 and the same be ordered to be restored to the appellant."

3. Learned counsel for the appellant submits that the recovery has been wrongfully shown to have effected in the police station, which is evident from the contradictory and inconsistent depositions made by certain other witnesses, who have categorically deposed that the recovery in question had happened at Nagar Palika.

4. Learned counsel for the appellant further submits that there was no proof that the Ramnavmi in question belongs to the so called owner. Learned counsel for the appellant also submits that once the appellant has been acquitted and the court has not found that Anandi Lal and Ram Sahai had caused selling of the stolen articles, then the ord

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