Mohan Lal Agrawal v. State of Chhattisgarh - 2010 Supreme(Online)(Chh) 81

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2010 Supreme(Online)(Chh) 81

CHHATTISGARH HIGH COURT
A.M. Nand, J
Mohan Lal Agrawal v. State of Chhattisgarh

Table of Content
1. challenge against custody order. (Para 1 , 2)
2. court's duty to ensure expediency in custody matters. (Para 3 , 6 , 7 , 8)
3. claims for interim custody and property owner's rights. (Para 4 , 10)
4. court's ruling on re-evaluating custody claim. (Para 9 , 11)
5. final disposal of the petition. (Para 12 , 13)

1. This petition is directed against the order dated 22/08/2008 passed by Sessions Judge, Korba in Criminal Revision No. 51/2008 affirming the order dated 14/07/2008 passed by the Chief Judicial Magistrate, Korba in an unregistered application for interim custody of the property.

2. The order is challenged on the ground that the learned Court below has committed an illegality by denying the interim custody of the valuable property including the currency notes to the applicant who is the owner of the same and at whose instance an offence punishable under S.395 of the Indian Penal Code has been instituted.

3. Heard counsel for the parties and perused the documents available on record including the order impugned.

4. Counsel for the applicant submits that on 09/06/2008 dacoity was committed in the house of the applicant and the dacoits took away the currency notes, gol