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S.A.DHARMADHIKARI
Chhotelal @ Anil Kumar – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner has preferred this Criminal Revision under section 397/401 of Cr.P.C. against the order dated 26.7.2021 passed by Special Judge (Dacoity), Bhind in Case No. 180/21 MJCR in respect of Crime No.51/21, whereby the application filed by the petitioner under section 451 of Cr.P.C. for taking the possession of the seized vehicle has been rejected.
2. The brief facts leading to filing of this case are that FIR was registered against the petitioner at Crime No.51/21 by Police Station Gormi, District- Bhind (M.P.) for the offences punishable under sections 399, 400, 402, subsequently enhanced 420, 467, 468, 471, 120B, 201 of the IPC, 11/13 of the MPDVPK Act and 25/27 of the Arms Act stating therein that in the night intervening 24th and 25th of February 2021, upon information received from an informer, Police reached the spot and found that 5-6 armed miscreants were planning to commit dacoity. Four of them including the petitioner were apprehended, while one fled from the spot. Apart from arms recovered from the possession of accused persons, one Swraj Tractor 735 FE (without number) and a white colour Triber Car bearing registration number UP-74-AB-2392 belonging to t
Seized vehicles in criminal proceedings should be released to the rightful owner on conditions, rather than being left in open courts to deteriorate, based on principles of effective property managem....
Property seized in criminal proceedings should not be allowed to deteriorate in police or court custody; Magistrates must exercise discretionary power to release such property to the rightful owner p....
Sections 451 and 457 of Cr.P.C. which is quoted as Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquir....
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
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