Hon'ble Mr. Justice Vijay Bishnoi dismissed a criminal revision petition filed by Suresh Kumar against the trial court's order rejecting his application to withdraw Rs. 2,44,000 seized on 'supardaginama', finding no illegality in the order.
Relief sought was withdrawn/criminal revision dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. CRIMINAL REVISION PETITION NO. 948 / 2016
Suresh Kumar S/o Shri Shiv Lal, by caste Vaishnav, Resident of Koliwada, Tehsil Sumerpur, District Pali.
………..Petitioner VERSUS
State of Rajasthan
………….Respondent
Counsel For Petitioner(s) : Mr. Bharat Shrimali
Counsel For Respondent(s) : Mr. J.P. Bhardwaj, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/04/2017
This criminal revision petition has been filed on behalf of the petitioner being aggrieved with the order dated 8.6.2016 passed by the Addl. District Judge, Sumerpur, District Pali (for short ‘the trial court’) in Criminal Case No.91/2016 (Sessions Case No.27/2014), whereby the application filed by the petitioner under Section 451 Cr.P.C. with a prayer for handing over the amount of Rs.2,44,000/- seized from the accused persons on ‘supardaginama’ to him has been rejected.
The trial court has observed that the matter is fixed for statements of the accused persons and the seized money is the important proof in the case and during the course of defence evidence, the recovered money can be required. The trial court has also observed that as there is no identification of the seized money and there is objection on the part of the accused persons,
(2 of 2)
the application filed by the petitioner for handing over the recovered money on ‘supardaginama’ to him cannot be granted.
Having heard learned counsel for the petitioner and after after going through the impugned order, this Court does not find any illegality in the same.
Hence, this criminal revision petition being bereft of force is
dismissed.
(VIJAY BISHNOI), J.
ms rathore/51
1 issue framed by the court
Whether the rejection of the petitioner's application to hand over seized money on 'supardaginama' amounts to any illegality warranting revision.
1 provisions across 1 enactments
Suresh Kumar S/o Shri Shiv Lal
State of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
