DEEN DAYAL GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicants have invoked the powers of this Court under Section 482, Cr. P.C. for quashing an order dated 19-3-1998 recorded by the VII Additional Sessions Judge, Varanasi, in Criminal Appeal No. 235 of 1984, now pending before him. The present respondent No. 2 faced a prosecution under Sections 457/380 and 411, I.P.C. and was convicted for offences under Sections 457/380, I.P.C. and was sentenced to R. I. for two years. The articles, that were said to have been recovered during investigation were lying in the custody of the present two applicants and the Trial Court, by its judgment dated 3-9-1984, directed that the same be returned to the accused-respondent only after disposal of the appeal and during pendency of the appeal it should remain in the custody of the complainant. This judgment was challenged both in Criminal Appeal No. 265 of 1984 and in Criminal Revision No. 232 of 1984. These appeal and revision are both pending before the VII Additional Sessions Judge, Varanasi. Before the Appellate Court, Ajay Kumar made a prayer for keeping the case properties in material Exts. 1 and 4 in the Malkhana and the said application was allowed by the learned Additional Sessions Judge by the impugned order dated 19-5-1998. It was stated that during the trial Ajay Kumar had never claimed to be entitled to the possession of these materials and the order of the Appellate Court could not have modified the direction given by the trial Court. It was further stated that Ajay Kumar while moving his bail application at the trial stage had asserted that nothing was recovered from his possession.

(2.) The arguments of the applicants have two facets. The order was challenged on the question of jurisdiction of the Appellate Court and it was also challenged on the question of its propriety in view of the facts of the case. Section 452, Cr. P.C. speaks of the power of a criminal court to direct disposal of property at conclusion of trial. Under this section, when an enquiry or trial in a criminal court is concluded, the court may make such order as it thinks fit for the disposal, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody or regarding which an offence appears to have been committed or which has been used for the commission of any offence.

(3.) An order under Section 452, Cr. P.C. regarding disposal of property is open to an appeal under Section 454, Cr. P.C. It is necessary to quote the words of this section :