KESHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition under Section 482 Cr. P.C. has been filed against the order dated 31-10-92 passed by the learned Munsif and Judicial Magistrate (East), Bhilwara in Cr. Misc. Case No. 63/92 by Keshu Lal on the ground, inter alia, that petitioner Keshu Lal, Smt. Surji and Smt. Lali were apprehended by the Kotwali Police Station, Bhilwara under Section 109 Cr. P.C. and about 37 articles and 5 articles of silver, full details of which are disclosed in the impugned order, were seized by the police officer under Section 102 Cr. P.C. suspecting it to be stolen property.

(2.) It is undisputed before me that the proceedings under Section 109 Cr. P.C. had been terminated under sub-Section (6) of Section 116 Cr. P.C. on the expiry of six months of such detention. Certified copy of the order passed by the learned Executive Magistrate terminating the proceedings under Section 109 Cr. P.C. dated 27-5-92 is on record.

(3.) After termination of the proceedings under Section 109 Cr. P.C. by the learned Executive Magistrate on the expiry of the period of six months of the detention, the petitioner moved an application under Section 102 Cr. P.C. for release of the movable properties seized from them under Section 102 Cr. P.C. on execution of bonds.