The central legal point established is that in cases of abatement due to the death of the accused, the release of assets requires a succession certificate from the competent civil court under the Indian Succession Act 1925.

P.S.Rana, Judge.

Present petition is filed under Section 482 of the Code of Criminal Procedure 1973. It is pleaded that father of petitioners No. 1 and 2 and husband of petitioner No.3 namely late Sh Mohinder Prakash Awasthi was in Forest Department of State of H.P. and superannuated in March 2001. It is further pleaded that FIR No.31 of 1996 under Sections 420, 409, 467, 468, 471, 109, 120B IPC read with Section 13 (2) of the Prevention of Corruption Act was registered against late Sh. Mohinder Prakash Awasthi in Police Station Enforcement North Zone Dharmshala on dated 11.12.1996 on the basis of some information revealing that late Mohinder Prakash Awasthi was in possession of disproportionate assets. It is further pleaded that during investigation 57 Indira Vikas Patra valuing Rs.1,55,000/- ( One lac fifty five thousand) were took into possession by Investigating Officer vide seizure memo dated 13.12.1996 and copy of seizure memo dated 13.12.1996 is Annexure P1 and P1/T. It is further pleaded that during investigation it was concluded in investigation that against income of Rs.11,35,690/- (Eleven lac thirty five thousand six hundred ninety) late Mohinder Prakash Awasthi was in possession of property of Rs.14,81,191/- ( Fourteen lac eighty one thousand one hundred ninety one) and challan was filed before learned Special Judge Chamba. It is further pleaded that charge was also framed. It is further pleaded that during pendency of criminal proceedings late Mohinder Prakash Awasthi died on dated 25.8.2008. It is further pleaded that after the death of Mohinder Prakash Awasthi learned Special Judge Chamba vide order dated 22.9.2008 abated the proceedings. It is further pleaded that petitioners are legally entitled for the release of Indira Vikas Patras valuing Rs.1,55,000/- (One lac fifty five thousand) which were took into possession vide seizure memo dated 13.12.1996 in FIR No. 31 of 1996. It is further pleaded that on dated 14.6.2010 petitioners filed application before learned Special Judge Chamba for release of Indira Vikas Patras valuing Rs.1,55,000/- (One lac fifty five thousand). It is further pleaded that learned trial court at the time of abatement order did not pass any order relating to case property of criminal case. It is further pleaded that learned Special Judge Chamba held that unless competent Court did not give finding the case property could not be released in favour of the petitioners. It is further pleaded that learned trial Court did not comply the provision of Section 452 of the Code of Criminal Procedure 1973 at the time of passing of order of abatement. It is further pleaded that petitioners are legally entitled for the release of FDR valuing Rs.1,55,000/- (One lac fifty five thousand) in their favour. Prayer for acceptance of petition sought.

2. Per contra reply filed on behalf of non-petitioners pleaded therein that FIR No. 31 of 1996 relating to possession of disproportionate assets was registered against late Mohinder Parkash Awasthi. It is admitted that during the course of investigation 57 Indira Vikas Patras valuing Rs.1,55,000/- (One lac fifty five thousand) were took into possession by Investigating Officer. It is further pleaded that the order of release could be passed by learned trial Court as per provision of Section XXXIV of the Code of Criminal Procedure 1973. It is further pleaded that petitioners could file fresh application before learned trial Court. It is further pleaded that appropriate order be passed by the Court.

3. Court heard learned Advocate appearing on behalf of petitioners and learned Additional Advocate General appearing on behalf of non-petitioners and also perused the record carefully.

4. Following points arise for determination in the present petition.

(1) Whether petition filed under Section 482 of the Code of Criminal Procedure is liable to be accepted as mentioned in memorandum of grounds of petition.

(2) Final Order.

Finding upon point No.1.

5. Submission of le