N D GADDIREDDI Vs. STATE

JUDGEMENT

(1.) By this revision petition the petitioner challenges the correctness of the order dated 7th February, 1978, passed by Shri R. Dayal, Additional Chief Metropolitan Magistrate, New Delhi, whereby the learned Magistrate dismissed the application filed by the petitioner under section 84 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code') seeking release of the property belonging to her husband Dr. G. J. Reddi, attached in pursuance of the provisions of section 83 of the Code.

(2.) Facts relevant disposal of this revision petition are as follows. A case under section 3, 5, 6 and 9 of the Official Secret, Act read with section 120-B of the Indian Penal Code, was registered at police station Sriniwaspuri, vide F.I.R. No. 26 of 1977, against the petitioner, her husband, Dr. G. J. Reddi and one K. K. Sarin. Dr. Reddi was declared a proclaimed offender by the Court by an order dated 7th April, 1977. His property was ordered to be attached. The property accordingly was attached on 23rd and 30th April, 1977. The present petitioner moved an application under section 84 of the Code on her own behalf and on behalf of her two minor children for the release of the attached property of her husband. Dr. Reddi. The application, as noted above, was dismissed by Shri R. Dayal, Addl. Chief Metropolitan Magistrate, New Delhi, by his impugned order dated 7th February, 1978.

(3.) Feeling aggrieved by the aforesaid order the petitioner has filed the present petition in this Court.