JHANDA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition is directed against the order date 15.2.1999 passed by the learned Addl. Sessions Judge, Anoopgarh whereby the order date 17.12.1998 of the learned Judicial Magistrate rejecting the application of the petitioner was upheld.

(2.) The important questions involved in this petition are:

(3.) Two r ulings of this Court, taking contrary view on the controversy involved in this petition, have been cited at the Bar. In the case of Mst. Narbada vs. Mohammad Hanif, 1982 RajLW 411 Hon'ble Mr. Justice K.S. Sidhu, as he then was, held that the word "property" used in Sec. 451 Cr.P.C. includes immoveable property also and the court may pass appropriate order under Sec. 451 Cr.P.C. for the interim custody of the said property. His lordship observed as follows: -