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For Petitioner : Mr. Rahul Mishra, Advocate For State : Mr. R. C. S. Deo, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 29.11.2023

1. The petitioner has filed the present Criminal Misc. Petition under Section 482 of Cr.P.C. against the order dated 27.01.2022 Passed by the learned Fifth Additional Sessions Judge, Ambikapur, District - Surguja (C.G.) in Criminal Revision No. 3/2022 by which the learned Sessions court has partly allowed the revision and quash the order passed by the learned Judicial Magistrate First Class, Ambikapur, District Surguja (C.G.) passed in Suprudnama Case No. 20/2022 by which the learned Magistrate has rejected the application for grant of supurdnama.

2. The record of the case would reflects that the applicant's late aunt was the owner of Ford Car bearing Registration No. CG 12 AG-9351, 2 Mobiles, SBI ATM Card, Cheque Book 2 piece, PAN Card, Adhar Card, Voter ID, Bank Pass Book were seized by the Neutral Citation 2023:CGHC:29693 Police Station Gandhi Nagar in Crime No. 296/2021 under Sections 450, 302, 34 IPC on 23.08.2021. It has also been contended that on the basis of will dated 25.01.2020 and authority letter dated 03.12.2016 the applicant is entitled to inherent these properties during her life time even after life time, as such after her death she applied for supurdnama which was rejected, against that he has preferred criminal revision before the Additional Sessions Judge, Ambikapur. The learned Sessions Judge vide impugned order has partly allowed the Supurdnama of 2 Mobiles and SIM, rest of the properties were not allowed on Supurdnama. The learned counsel for the applicant would submit that the applicant has only applied for grant of supurdnama with regard to mobile only but he has not prays for granting supurdnama on other properties.

3. Learned counsel for the petitioner would submit that from bare perusal of the impugned order dated 27.01.2022 passed by the learned Fifth Additional Sessions Judge, Ambikapur, District Surguja (CG) in Criminal Revision No. 03/2022, the petitioner has not prayed for supurdnama of the documents i.e. all the properties namely bank passbook, ATM card and other documents as well as vehicle. Therefore, the learned Sessions Judge has not given any finding on this issue.

4. He would submit that he may be given an opportunity to submit a fresh application before the learned Judicial Magistrate for grant of supurdnama of the other properties.

5. I have heard learned counsel for both the parties.

Neutral Citation 2023:CGHC:29693

6. Considering the submission that petitioner has withdraw the application for grant of supurdnama to the properties other than mobile phone, it is directed that the petitioner is at liberty to move a fresh application for supurdnama of the documents i.e. all the properties namely bank passbook, ATM card and other documents as well as vehicle before the learned Judicial Magistrate, First Class who, in turn, shall decide the same on its own merit without being influenced from any of the observations made by the Sessions Judge or this Court.