Madhya Pradesh High Court
Zahida Parvez vs Teh C.B.I. Delhi on 9 May, 2018
HIGH COURT OF MADHYA PRADESH
CRA No.574/2017
Indore, Dated : 9.5.2018
Shri Prasanna Prasad, learned counsel for the appellant.
Shri Deepak Rawal, learned ASG for the respondent.
Heard on IA No.25296/2017 an application under Section 456 of Cr.P.C. to deseal the office premises situated at M/s. Designere Z.-19 Mezzanine Floor, Opposite Chittod Complex, Zone-I, M.P. Nagar, Bhopal and permit the appellant to use the same during pendency of the appeal.
A detailed reply has been filed by the CBI raising an objection that civil suit between the landlord and present appellant-tenant is pending and, therefore, no such direction can be issued as the matter is subjudice before the trial Court.
As per the reply it is not in dispute that at the time of seizure, present appellant was in possession of the premises and, therefore, we allow the prayer and direct the CBI to deseal the premises and handover the possession to the appellant subject to the decision of the civil suit.
With the aforesaid IA No.25296/2017 is allowed and disposed off.
List after summer vacation for orders on IA No.25298/17.
C.C. as per rules.
(P. K. Jaiswal) (S. K. Awasthi)
Judge Judge
Digitally signed by
Trilok Singh Savner
Date: 2018.05.10
11:33:11 +05'30'