RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred against the order dated 11.02.2016 passed by learned Sessions Judge, Pratapgarh in Criminal Revision No.06/2016, whereby the revision petition filed by the petitioner has been dismissed, confirming the order dated 05.01.2016 passed by the learned Chief Judicial Magistrate, Pratapgarh in Complaint Case No.5/2015, Police Station, Pratapgarh, whereby the application filed by the petitioner under Section 451 Cr.P.C. for releasing the amount of Rs.2,85,900/- was dismissed.

(2.) Learned counsel for the petitioner has made a limited argument that under Section 451 Cr.P.C., the domain of the learned court would be to order for custody and disposal of the property pending trial in certain cases. Furthermore, under Section 451 Cr.P.C. in Explanation, as per learned counsel for the petitioner, the word "property" includes any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

(3.) Learned counsel for the petitioner has placed reliance on the judgment of the Hon'ble Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 AIR(SC) 638, relevant portion of which is as follows:-