PRAVEEN Vs. STATE OF M.P.

JUDGEMENT

(1.) This order shall also govern disposal of M.Cr.C. No. 3561 of 05, as both the aforesaid petitions have arise out of the common order.

(2.) Petitioner has impugned the order dated 28.7.05 passed by IIIrd Addl. Sessions Judge, Khargone in Cri. Revision No.94 of 05 whereby the said revision filed by petitioner herein, has been dismissed, whereas he allowed the Cri. Revision No. 102 of 05 filed by accused respondent no.2 Jakir herein.

(3.) Brief facts for deciding these petitions are that Cri. Case No. 195 of 05 pending in the Court of J.M.F.C. Bheekangaon, Certain properties were seized by Police in connection with offence No.367 of 05 for commission of offence under S.379 of the Penal Code against respondent no.2 herein and ors. The present petitioner and accused respondent no.2 Jakir had filed separate applications under S. 451 of Cr.P.C. for interim custody of the seized property before the Trial Magistrate, Bheekangaon, who in turn rejected both the applications. The said order of rejection was challenged by petitioner and respondent accused Jakir by filing Cri. Revisions No. 94 of 05 and 102 of 05, which have been decided by learned Addl. Sessions Judge vide impugned order.