NASEEM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This revision is directed against the order dated 25-4-1996, passed by the IIIrd Addl. Chief Judicial Magistrate, Shah Jahanpur.

(2.) ADMITTEDLY, stolen goods, in the shape of forest wood, in criminal case were given in the custody of Rafiq Ahmad. Naseem Ahmad stood surety for the Supurdar. The value of the property on that date was eva luated at Rs 50,000. The question arose, when Rafiq was ordered by the court to deposit the wood. Incidentally, he died before performing this part of his duty. Then process was issued to Naseem Ahmad, revisionist, calling upon him to deposit the wood or its value. Instead of performing this part of his duty, Naseem Ahmad rushed to the High Court and filed a peti tion under Section 482, Cr PC. That was decided by the Court on 10-10-95 (Criminal Misc. Application No. 3117 of 95 ). The court has made an observation that the liability of the applicant Smt. Dilbari, widow of Rafiq Ahmad, shall be confined to the assets, if any, of late Rafiq Ahmad in her possession and the recovery may be made from the same. Applicant No. 2, Naseem Ahmad shall be liable for the payment of the amount, for which he stood a surety. With these observations, that petition under Section 482, Cr PC was disposed, of.

(3.) THE wood which Naseem Ahmad wants to deposit in the court, may be evaluated and its value assessed. THEreafter, it may be given to the original owner of the same. THE remaining amount shall still be recoverable from Naseem Ahmad in pursuance of the order dated 10-10-1995 passed by this Court in the aforesaid Section 482 petition. THE learned Magistrate concerned shall extend the facility and opportunity to Naseem Ahmad to deposit the wood at the earliest. He shall further get it evaluated and its value assessed and thereafter, shall proceed to decide the matter according to law. THE amount deposited by Smt. Dilbari and Naseem Ahmad shall be adjusted towards the final amount of Rs. 50. 000. THE total amount will be Rs. 50,000 only.