SATYA NARAIN RAWAT Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. Both the revisions under Sections 307/401, Cr. RC. have been filed against the same order dated 23-3-97 passed by the Additional Sessions Judge. Kanpur Nagar in Criminal Revision No. 11 of 1997.

(2.) THE facts giving rise to these revisions are as follows: Anil Rawat was living in house No. 123/526, Kidwai Nagar, Naubasta, Kanpur and died in an unnatural death. An F. I. R. icgarding his death was lodged by Satya Narain Rawat applicant in which it is al leged that the widow of Anil Rawat, Sml. Kamlesh is also an accused. After the death of Anil Rawat, on the request of applicant Satya Narain Rawat the house hold goods were given to him by the police of PS. Naubasta. Against that order op posite party Smt. Kamlesh Rawat moved an application before the Additional City Magistrate IV, Kanpur, who allowed the application on 10-7-95 and directed the Station Officer, Naubasta to take back the articles from the possession of Satya Narain Rawat and to give it in the Supurdgi of some independent person. THEreafter another order was passed by the same of ficer on 12-9-95 on the application of Smt. Kamlesh by which he recalled the order dated 10-7-95 and ordered that the articles given in the Supurdgi of Tejpal, be given in the custody of Smt. Kamlesh Rawat.

(3.) THE narration of facts prima facie shows that under the mala fide intention the applicant Satya Narain Rawat had taken the articles of deceased Anil Rawat and the applicant Surendra Nath Trivedt has taken the possession of the house il legally. THE house was not vacated by the opposite party No. 2 nor it was released by any Court. THE articles of the victim were lying in the house, which were taken by the police and the possession of the house was taken. Satya Narain Rawat has already ceased his all relations with the deceased, in spite of that he claimed the articles and took in his possession.