ANIL DIXIT Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a petition under section 482 CrPC. Learned counsel for the petitioner contends that it is a clear case of abuse of process of Court. He urged that a Car, Camera, Washing Machine and Frige were seized. The petitioner moved an application purporting to be under section 457 CrPC before the learned Magistrate. Learned Magistrate without disposing of the petition on merits rejected it on the ground that the offence was triable by the Sessions Judge and as such he has no jurisdiction. The petitioner preferred a revision petition and the learned revising Court rejected the petition on merits on the ground that it was alleged by the prosecution that the property was purchased by fraud. Learned counsel contended that there was no case with respect to the property seized, as it was the case for determination as to whether the property was acquired by fraud. Learned counsel contended that learned Magistrate ought to have disposed of the application on merits in accordance with law.

(2.) LEARNED counsel for the State on the other hand contended that the property was acquired by fraud and as such it could not be released.