SARASWATI DEVI Vs. STATE

JUDGEMENT

(1.) THESE three connected applications in (sic)vision arise out of certain objections that were (sic)ferred by the three applicants in the three re- (sic)ons in respect of proceedings under section 88 (6a) (sic) the Code of Criminal Procedure.

(2.) IT appears that one Chandra Mohan was accused of having committed embezzlement of government funds while he was in Government employ and was serving as an 'ahalmad' in the kanpur Collectorate. Chandra Mohan absconded, and on 6-11-1952 he was proclaimed an absconder. On the same day an order was made for the attachment of the property of the absconder Chandra Mohan. Some items of property were attached the same day; other items of property were, however, attached later, that is to say, on 14-11-1952.

(3.) AFTER the attachment, objections were preferred by Shyam Mohan the brother of Chandra mohan, by Pran Chaudhari the mother of Chandra Mohan, and Smt. Saraswati the widowed sister of Chandra Mohan. These three objections were separately preferred, and apparently these three objectors laid claim to different items of property which, according to them, belonged not to the absconder but to the respective objectors. It appears that Chandra Mohan lived jointly with his mother, widowed sister and his brother shyam Mohan; at any rate, this was the case of the objectors, and it was because of this joint living that articles belonging to others were attached under a mistaken belief that the articles belonged to the absconder.