HEMANT SONI Vs. STATE OF M P

JUDGEMENT

(1.) THIS Revision is directed against the order dated 10-6-99 passed in respect of Crime No. 135/98 by 1st Additional Sessions Judge, Raisen.

(2.) IT appears that Karodilal Soni was working as a Patwari in District and Tehsil Raisen. An F. I. R, was lodged against him alleging that he had amassed Rs. 15,79,262. 00 during the course of his service by the Authorised Officer of Special Police Establishment Lokayukt. This amount was alleged to be more than the income he could have earned from known source of his income. It is not disputed before me by the learned counsel for the respondent that the charge-sheet has not yet been filed, although the F. I. R. was lodged as far as back on 6-11-98.

(3.) IT is alleged in this revision that persuant to the F. I. R. the State of M. P. through Special Police Establishment (Lokayukt) Officer, Bhopal started investigation. Consequently, the premises belonging to the applicant Nos. 1 and 2 the sons of Karodilal Soni were raided. It is alleged that considerable property including jewellery was seized from the house of applicant No. 1 Hemant Soni and applicant No. 2 Narendra Soni. Therefore, the applicants applied for under Section 451, Code of Criminal Procedure read with Section 457 thereof for custody of the property seized by the police. The application was rejected by the order dated 10-6-99 almost a year after the F. I. R. was lodged. Two earlier applications were also rejected. It was observed by the learned Judge, while rejecting the application, that he was not in a position to understand why there is delay in launching the prosecution by filing a charge-sheet. According to him, no new ground was raised for delay in filing the charge-sheet. However, he rejected the application. This case has been pending in this Court since 21-6-99 after it was admitted.