LAWS(RAJ)-2002-2-173

NAV RATAN SINGH Vs. STATE OF RAJASTHAN

Decided On February 20, 2002
Nav Ratan Singh Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The complainant Prithvi Singh, son of Shri Tejpal Singh, by caste Rajput, resident of Basai, District - Mahendragarh (Haryana) has filed the present application for handing over-the articles seized by the police during the investigation. It has been submitted that after completion of trial, the trial court has already convicted the accused- Nav Ratan Singh under Section 304-B I.P.C. The present applicant is father of the deceased. It has been submitted that all the articles as mentioned in the application and seized by the police are the articles given by the applicant to his daughter in the dowry or by way of gift. Since trial is complete and the article are no more needed and further no other person has put his claim on the articles, the same may be handed over to the applicant and necessary directions be issued under Section 452 Cr.PC.

(2.) After having considered the entire facts and circumstances, though the appeal filed by the accused - Nav Ratan Singh against his conviction is still pending before this Court, however, in my opinion, since none of the articles mentioned in the application, as seized by the police, are further required in the present matter, I deem it proper to direct the trial court to release the articles, as per the seizure memo of the police, in favour of the applicant Prithvi Singh, son of Tejpal Singh, after taking an undertaking that in case any other person puts his claim on any of the articles released to the applicant, he will either return the article or make the payment of the cost of the same as per directions of the trial court.

(3.) The petition stands disposed of accordingly.