SHAIKH KAYYUM Vs. SAYYED TAKIYUDDIN

JUDGEMENT

(1.) BY the present application, the applicant has challenged the order passed by the Additional Sessions Judge-2, Jalna in criminal revision application no.71/2008 dated 20/06/2008.

(2.) IN this matter, rule was granted on 31/03/2009.

(3.) WITH the assistance of learned counsel appearing for applicant and also for the first respondent, perused the impugned order passed in Criminal Revision No.71/2008. It is to be noted that after perusal of the entire order impugned, I did not find on what basis, the learned Additional Sessions Judge concluded that the first respondent is entitled for the custody of the vehicle in question for which an application was moved before the Trial Court and was rejected by the Lower Court. Under the provisions of Section 457, 452 of The Cr.P.C., which deals with handing over of the custody of the articles seized in connection with any crime during the course of investigation. Section 457 deals with the interim custody of the articles while section 452 deals with the final custody of the articles after the conclusion of a criminal trial. Under sub-clauses of section 452 of Cr.P.C., if the article of which the possession to be handed over after the criminal trial is over, the title is under dispute, then it is provided that the parties who are claiming the possession of the property to get decide their title from the competent Civil Court and after the title is decided as per the decision given by the Civil Court, that property to be handed over to the title holder of that property.