Criminal revision challenging the confiscation order in a trial Court judgment dismissed as not maintainable since a petition for confession requires an appeal, not a revision.
Criminal revision case dismissed with liberty to file an appeal.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.97 OF 2012
DATED 9th OCTOBER, 2012.
BETWEEN :
M.Narasimha Rao
.. Petitioner-A.2
and
The State of A.P. & another
..Respondents
THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.97 OF 2012
ORDER:
Petitioner-A.2 preferred the present Criminal Revision Case under the provision of Sections 397 and 401 of the Criminal Procedure Code (in short ‘Cr.P.C.’) challenging the judgment dated 17.12.2011 passed in S.T.C.No.378 of 2011 by the Judicial Magistrate of First Class, Madhira.
Heard.
While convicting the petitioner and other two accused in S.T.C.No.378 of 2011 the learned Magistrate ordered for conducting auction of the seized properties and to confiscate the same to State. Aggrieved over the same, present revision has been preferred by the petitioner seeking interference of this Court to the extent of confiscation proceedings.
Admittedly, S.T.C.No.378 of 2011 has been disposed of by the trial Court by judgment dated 17.12.2011 i.e. impugned order. Once judgment is pronounced by the competent Court and an order is passed for disposal of the seized properties, the same should be
agitated by way of preferring an appeal but not the revision.
Hence, the present Criminal Revision Case is dismissed as not maintainable granting liberty to the petitioner to file an appeal before appropriate Forum by invoking appropriate provision.
The Registry is directed to return the papers to the learned counsel for the petitioner.
Miscellaneous petitions filed in this revision, if any, shall stand closed.
_________________ RAJA ELANGO, J 9th October, 2012 sur
1 issue framed by the court
Whether the present Criminal Revision Case is maintainable challenging the confiscation order passed in the trial Court judgment.
1 provisions across 1 enactments
M.Narasimha Rao
The State of A.P.
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
