RAMLUBHAYA DHINGRA Vs. KAILASH CHANDRA

JUDGEMENT

(1.) LEARNED counsel for the petitioner urged that the impugned order was passed by the learned Additional Sessions Judge of Sheopur Kalan without hearing the petitioner in that revision. The trial Court, i.e. the Court of Addl. Chief Judicial Magistrate, Sheopur Kalan had passed an order in the trial that the articles recovered be given in supurdgi of the petitioner. Against that order, a revision was preferred before the learned Addtional Sessions Judge of Sheopur Kalan. In revision, the order of the trial Court was modified to the extent that instead of the articles being given in supurdgi of the petitioner, the same be directed to be deposited in Court and appropriate orders be passed after the conclusion of the trial.

(2.) LEARNED counsel for the petitioner referred to the provision of Section 401 (2) of the Code of Criminal Procedure, wherein it has been provided that no order under this section shall be made to the prejudice of the accused or other person unless he had an opportunity of being heard either personally or by a pleader in his own defence. The provisions of Section 401 (2) Cr. P.C. do not apply to the facts of the present case in so far the position of the petitioner was that of a Supardgidar, having custody of the articles recovered, on behalf of the Court.

(3.) THEREFORE , this revision has no merit and the same is dismissed.