BALRAM MEHANI Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern disposal of M. Cr. C. No. 10497/2005 (Shankar Mihani and Ors. v. State of M. P.) and M. Cr. C. No. 10538/2005 (Jitendra Bhawsar and Ors. v. State of M. P.) as common question of law as to applicability of the provisions of Chapter VII-A of the Code of Criminal Procedure (hereinafter referred to as 'the Code') is involved in all the aforesaid petitions.

(2.) THE Station House Officer, Police Station, Itarsi, moved applications before Judicial Magistrate First Class, Itarsi for initiating proceedings against the petitioners under Chapter VII-A of the Code and to pass appropriate orders for attachment and forfeiture of the properties which could be identified to have been derived from or used in commission of offence and out of their criminal activities. According to police, petitioners were involved in criminal activities since long and had accumulated huge wealth derived directly or indirectly by or such criminal and unlawful activities. According to police, the same were held either in their names or in the names of their relatives, which were required to be traced out and identified. Hence, a prayer was made by police for a direction under Section 105-D of the Code, authorizing them to take all necessary steps for tracing out and identifying such properties. Almost on identical facts, similar proceedings were initiated against other petitioners in the aforesaid connected M. Cr. Cs.

(3.) ACCORDING to petitioners, police was harassing and humiliating them and were trampling upon their rights guaranteed to them under the Constitution of India. Thus, they were constrained to move this Court with a prayer to exercise the inherent jurisdiction conferred on this Court under Section 482 of the Code.