SHIROMANI JAIN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PARTIES through their counsel. The petitioner before this Court has filed the present petition for issuance of an appropriate writ, order or direction directing the respondents to return the original documents belonging to the petitioner, which have been seized under the garb of investigation, which is going on against Shri Vimal Chand Jain.

(2.) The contention of the petitioner is that she is a house wife and at any point of time she has not engaged in any business activity. It is contended that a criminal case has been registered against her husband for the offences under Sections 409, 418, 420, 201, 120 -B read with section 13(1)(c) of the Prevention of Corruption Act, 1988 and the respondents have seized certain documents as well as certain articles belonging to the petitioner. It has also been stated that certain FDRs have also been seized by the police authorities.

(3.) A reply has been filed in the matter and it has been stated that a criminal case has been registered against Shri Vimal Chand Jain for the offence under Sections 409, 418, 420, 201, 120 -B read with section 13(1)(c) of the Prevention of Corruption Act, 1988 and he was arrested on 18.11.2009 and by virtue of an order passed by this court on 20.11.2009, he has been released on bail. The respondents have also stated that the criminal case is going on against the husband of the petitioner for having the assets disproportionate to the known sources of the income. The respondents have also stated that in case the petitioner wishes to establish her claim or establishes before the trial court that certain documents are exclusively her documents, she shall certainly be free to file an appropriate application before the trial court, where the criminal case is pending. This court is of the considered opinion that once certain documents or articles have been seized on account of a criminal case, which has been registered against Shri Vimal Chand Jain for the offences under Sections 409, 418, 420, 201, 120 -B read with section 13(1)(c) of the Prevention of Corruption Act, 1988 the proper course available to the petitioner is to submit an appropriate application before the trial court, where a trial is going on keeping in view the provisions a contained under the Code of Criminal Procedure, 1973.