Criminal revision against an order rejecting the complainant's application under Section 451 Cr.P.C. for release of recovered money in a dacoity case to facilitate identification during trial.
The instant criminal revision has been dismissed.
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Court No. - 28
Case :- CRIMINAL REVISION No. - 546 of 2001
Revisionist :- Krishna Kumar Agarwal Opposite Party :- State Of U.P. Counsel for Revisionist :- Piyush Narayan Dubey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. No one is present on behalf of revisionist to argue the case.
Heard learned A.G.A. for State.
This criminal revision has been preferred against the order dated 29.11.2000 passed by Special Judge Dacoity affected area, Agra, in Sessions Trial No. 28 of 1989 (State Vs. Mohan Singh) under Section 392 I.P.C., whereby application of complainant under Section 451 Cr.P.C. for release of money in his favour, was rejected on the ground that trial is in progress and some witnesses of prosecution has already been examined. The money is required to be produced before witnesses of recovery for identification.
From perusal of order, I am of the considered view that there is no illegality in the impugned order passed by trial court.
Accordingly, instant criminal revision is dismissed.
Order Date :- 17.4.2018 Sharad/-
1 issue framed by the court
Whether there is any illegality in the lower court's order rejecting the complainant's application for release of money recovered during the trial on the ground that trial is in progress and prosecuti
2 provisions across 2 enactments
Krishna Kumar Agarwal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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