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HIGH COURT AT JUDICATURE AT ALLAHABAD
Hon'ble Sanjay Kumar Pachori,J.
Waseem Riaz – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Sanjay Kumar Pachori, J.)
1. The present application under Section 482 of The Code of Criminal Procedure (hereinafter referred as "Cr.P.C") has been filed for quashing the order dated 1.7.2024 passed by Additional Sessions Judge/Special Judge (POCSO Act), Court No. 2, Varanasi, in Criminal Revision No. 422 of 2022 (Waseem Riaz vs. State of U.P.) whereby the Revisional Court affirmed the order dated 13.10.2022 passed by Additional Civil Judge (Senior Division)/Judicial Magistrate, Court No. 2, Varanasi on an application under Section 457 read with Section 451 of Cr.P.C for release of the Indian currency of Rs. 1,87,00,000/-, which was seized during the investigation of Case Crime No. 46 of 2022, under Sections 419, 420, 406, 120-B, 411, 467, 468, 471 of I.P.C. registered on 21.04.2022 at Police Station Chetganj, District Varuna (Commissionerate Varanasi) filed by the present applicant on behalf of his father after having authority, which has been dismissed.
2. Brief facts as culled out from the record are that the applicant filed an application under Section 457 read with Section 451 of Cr.P.C. for release Indian Currency Rs. 1,87,00,000/- which has been recovered and seize
Seized property must be returned to the rightful owner unless justified otherwise, ensuring no deprivation without legal authority, as per Article 300A of the Constitution.
Provisions under Section 457 of Code property which has been seized by police under provision of Code and has not been produced before criminal Court during an inquiry or trial, Magistrate may make s....
Confiscation of Vehicle – Release of - With regard to valuable articles, such as golden or sliver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such....
Court or the police would not be required to keep the article in safe custody and if the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead o....
Case property cannot be released when there is possibility of rival claims.
Property seized in relation to a crime must be released to lawful owners unless substantiated otherwise.
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