CiteTEXT
...and accused applied before the Judicial Magistrate Bandipora for release of the seized property. Ld. Magistrate has released the property in favour of the accused on superdnama ...has come up in revision. Ld. counsel for the petitioner submits that Ld. Magistrate was not justified in releasing the property in favour of the accused who had forcibly taken the ...on the Superdnama of the accused and therefore no interference is warranted with the exercise of such discretion by the Ld. Magistrate especially when the seized property has not been released...
...cannot be released in favour of third party unless the
accused-persons appear and move application for release of the property.
Perusal of the impugned order reveals th...court below has wrongly rejected the application
for release of the attached property.
Learned Additional Government Advocate has defended the impugned order.
In the present petition..., the alleged application moved for release of the goods
has not been filed to show that the petitioner is claiming any of the property as
her own. Learned court below has specifically mentioned in...
...case property be not released till further orders. It appears that during the pendency of the revision petition, as per the allegations of the petitioner, the accused forcibly took possession of t...law. These were the circumstances which led this court to pass the impugned order. The consideration of the further fact that accused was finally acquitted and case property was ordered to be released...in favour of the father of the accused - respondent, was an additional factor in arriving at that conclusion.
(4) In view of the above discussion, there is no gr...
...Section 379 IPC, learned Magistrate refused to release the wood in favour of accused vide order dated 29.01.2002 Feeling aggrieved declining to release the wood in favour of the ...of the accused/revisionist, herein, in his SUPURDGARI.Feeling aggrieved by the order dated 16.08.2003 passed by the Sessions Judge, criminal...withdraw this revision because trial has been concluded in favour of respondent Pratap Singh, that has been attained finality, so this revision is allowed to be withdrawn.Hence, this...
...Sessions Judge in Crl.A.No.25064/2014, whereby the appellate Court allowed the appeal pertaining to release of the property and directed that properties are to be released in favour of th...the seized property in PF Nos.154 & 155/2004 were ordered to be released in favour of the accused/revision petitioner on his executing an indemnity bond for Rs.7,00,0...& 155/2004 be released in favour of the complainant.
5. This order is being challenged in this revision by the accused/revision petitioner.
...
...case property was not released in favour of the accused. The petitioner submitted his explanation. section 350 Cr. P.C relates to witnesses and not to other persons, who...custody of the released property. The father of the accused was an advocate and was angry, as his son was detained by the police and that false affidavit was given. It was further stated that the case...property of co-accused Raj Kumar Jaiswal has already been released on 22.7.20083. On 25.7.2008, the impugned order (annexure No. 6) was passed by Chief Judicial Magistrate, Varanasi...
...the property of an accused.
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7. Counsel submits that in such circumstances, the property be released in ...submit that before passing order of confiscation, there must be some nexus between criminal acts of the accused and the property acquired by him. Mere involvement in an offence is not sufficient to attach....
9. In view of the same, this petition is required to be disposed of with a direction that the two properties mentioned above will be released in favour of the petiti...
...favour of accused party, on 16.05.2017, from Up Zila Karyalay, a release order was obtained and the property that was subject matter of attachment, was got released in ...and sold by it.
The thrust of the allegation is that the accused party misrepresented to the concerned Magistrate as regards the stay order in their favour and thereby exploited the...provided by the petitioners in their favour on which the authority acted upon.
As all the above aspects are matter of investigation, the prayer to quash the F.I.R. cannot be accepted and...
...and such properties were dis-proportionate to his known sources of income, even if the accused has died during pendency of trial, the property can only be released in favour of l...1. The legal heirs of late Somanath Das who was an accused in T.R Case No. 10 of 1996 pending in the Court of the learned Special Judge (Vigilance), Sambalpur have filed this applicatio...in the Court of the learned Special Judge (Vigilance), Sambalpur. While the matter was pending before the learned Special Judge, Somanath Das expired on 1-12-1991. The death of the accused was brought...
...passed orders for retum of the property, but ordered the same to be released in favour of the petitioner- accused on his executing a personal bond for a sum of Rs.50,000/- with o...use, allowed the petition directing the property to be released in favor of the petitioner-accused on condition of his executing a personal bond for Rs.50,000/- with one surety for the like sum. T...leamed counsel for the petitioner-accused and the learned Additional Public prosecutor, it is considered fit to modify the impugned order by directing the mobile phone of the petitioner to be released in...
...created bogus Will and colluding with accused Nos.5 and 6 created a Release Deed dated 30.12.2014. Accused No.1 released the said property in favour of accused Nos.2 to 4 and ...witnesses to the said release deed. It is further alleged that after the said release deed, accused No.1 sold the said property in favour of one Jayaram, husband of...collusion with accused Nos.5 and 6, said to be the witnesses to the said release deed. Thereafter, the property was allegedly sold through a sale deed in favour of one Jayaram in collusion with...
...created bogus Will and colluding with accused Nos.5 and 6 created a Release Deed dated 30.12.2014. Accused No.1 released the said property in favour of accused Nos.2 to 4 and ...witnesses to the said release deed. It is further alleged that after the said release deed, accused No.1 sold the said property in favour of one Jayaram, husband of...collusion with accused Nos.5 and 6, said to be the witnesses to the said release deed. Thereafter, the property was allegedly sold through a sale deed in favour of one Jayaram in collusion with...
...conclusion that no offence has been committed by the petitioner, then the property has to be released in favour of the petitioner/accused and by that time, if the revolver becomes useless, then th...stating that if the revolver is released in favour of the petitioner, he may change the colour of the same and also he may use it for commission of the offence once again.
5. The...seized in connection with any case, if the said property is subjected to decay, then it will become useless by the time of conclusion of the trial. Normally the said property should be released ...
...Public Prosecutor.7. This order should not be taken to mean that the property seized has to be released in favour of the accused or otherwise. The matter has to be examined on facts...section 451 of the Code of Criminal Procedure with regard to the seized property which is now the subject-matter of the case that is pending before him. On a prayer being refused ...the accused for granting custody of the property seized, the matter was carried in Criminal Revision but the Revisionary Court also upheld the order passed by the Magistrate giving rise to filing of...
...prosecution witnesses are yet to be examined and the petitioner/accused is facing trial for the murder of her own husband along others and in case the cash certificates are released in her favour,...recorded. The Trial Court has not taken pain to satisfy itself as to why the certificates in the name of the petitioner even if she is an accused cannot be released in her favour. The reasons assi...
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0087050300655284 amounting to Rs. 1.00 lac each, are ordered to be released in favour of the petitioner/accused on supurdnama after...
...Judge had set aside the order of the Magistrate dated 18.10.1975 refusing to release the attached property in favour of the accused Zuber Ahmed. The learned Sessions Judge by the impugned order di...in favour of the accused simply because investigation was progressing and charge-sheet had not been submitted or the court had not taken cognizance because investigation had been ordered on the basis of th...these circumstances it was not proper for the learned Sessions Judge to have passed the order releasing the property in favour of the accused person at this stage. Now charge-sheet too has been...
...
05.11.2008, another settlement deed was executed by Umayaparvathy in respect of 'A' schedule property by way of Document No.4054/2008 in ...about missing of Umayaparvathy and creating false document by suppressing the mortgage of the property in Vijaya Bank and settled the property in favour of Accused No.2 ...place. But after some years, it was ended in divorce. Later, the said Gunasekaran was died without issues. In the meanwhile, Accused 1 entered into the property and executed a released deed on 14.06.2006...
...transfer the land in favour of any person. On face of it, the allegation in the complaint itself made out that the complainant is trying to settle a grudge against the accused persons because thei...share in favour of his younger brother namely Ganpat Ram - accused No.1 and in favour of Pawan and Sanjiv sons of his younger brother whereas his sister Kalawati has not given he...their share as they could have sold the property in favour of the petitioner instead of executing the release deed in favour of accused persons. It is also submitted on ...
...lakh. The complainant gave a Bank Guarantee of Rs. 5.00 lakh in favour of State Bank of Patiala and the accused was to get the documents of the property released from St...execute a Sale Deed in favour of the complainant on receiving the balance consideration amount of Rs. 3.00 lakh. Shri Surinder Kumar Bhardwaj was to get the title deed released from the bank within a...made in the complaint stated that the allegations leveled by the complainant against the accused were sufficient to constitute above offences and hence he summoned the accused persons. A perusal of...
...pertinent to mention here that the said vehicle was released in favour of co-accused Mohit @ Rohit Thakur by the Court concerned vide order dated 30.11.2015 and the Court concerned found the co-...-accused Mohit @ Rohit Thakur moved an application for release of the seized vehicle TATA Safari No. HR51Y9002 in his favour claiming himself to be the registered owner of the said vehicle. It is...operation, firstly it is required that the concerned property should in knowledge and belief of the accused to be stolen property and secondly, after the aforesaid knowledge or reason to believe ...