JAGMOHANSING LAKHBIRSING GILL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Revision Petition, the petitioner( original complainant) in Regular Criminal Case No. 198/1993 tried by learned Judicial Magistrate, First Class, who, while passing the judgment and order dated 4th December 1999, while disposing of seized property in view of Section 452 of the Criminal Procedure Code ( in short "Cr.P.C.") directed that seized property be retained by complainant Jagmohansingh Lakhbirsingh Gill (the petitioner herein). It appears that during pendency of criminal case, the seized property was handed over to the complainant upon Supratnama, executed by the complainant.

(2.) Being aggrieved by the order regarding final disposal Sampatlal Budhmal Soni (original accused no.4) challenged the order regarding disposal of property by way of Criminal Appeal No.1/2000 which was decided by the learned Additional Sessions Judge, Gondia by judgment and order dated 26th September 2003 whereby the appeal was allowed and the order passed by the trial Court in Criminal Case No. 198/1993 regarding final disposal of the property ( 2 gold ingots) of 20 gms. each was set aside and the complainant was directed to return the property to the Court which he had received on Supratnama pending disposal of the criminal trial, further, directing that the retained property be given to accused no.4 -Sampatlal Soni and he shall retain the property permanently.

(3.) The petitioner ( complainant ) aggrieved by the judgment and order passed by the Appellate Court preferred this Revision.