Section 523 of the old Criminal Procedure Code , 1898, which corresponds to the
present Section 457 Cr.P.C., the Court was empowered to dispose ... Code was not restricted to property seized by the police officer under
Section 102 of the Code. However, Section 457 Cr.P.C, applied
passed in Crl. M.C. No.30 of 2022 by the
learned Special Judge, Phulbani, whereby, an application under
Section 457 ... disposal under the NDPS Act , an application under
Section 457 Cr.P.C was moved before the learned Special Court
which should have been entertained
Code of Criminal Procedure challenging the order dated
20.08.2020 passed by the 1st Additional Sessions Judge,
Cuttack in Criminal Misc. Case ... thereby
// 2 //
rejecting the application filed by the Petitioner under Section
457 of Cr.P.C. for release of the seized article in connection
with
petitioner preferred Crl.M.P.
No.7367/2023 before the Court of the Judicial Magistrate of
First Class, Kunnamangalam under Section 457 ... exercised under S.451 or 457 of the Code. S.451
OP(CRL.) NO. 899 OF 2023 7
will be applicable when a property, which
trial court record reflect that an
application u/s 451 / 457 Cr.P.C was filed by respondent
no. 2 before Ld. Trial Court ... revisionist and the application of
respondent no. 2 u/s 451 / 457 Cr.P.C came up for
hearing together
authority to release the same is C.J.M as per Section 457 Cr.P.C., but where the vehicle is seized by the Mining ... Code and pertains to disposal of property, may also be referred to, and the same reads as follows :-
"457. Procedure by police upon seizure
also contended that the provision of Code of Criminal Procedure
including Sections 451 and 457 have been expressly made applicable by virtue
of Section ... Since the provisions of the Code of Criminal Procedure
Page No.# 18/19
including Section 451/457 have been expressly made applicable by
virtue
Code of Criminal Procedure gets excluded.
10. It is the stand of the Petitioner that the provision under Sections
451 and 457 of the ... under Sections 451 and
Page 4 of 9
// 5 //
457 of the Code of Criminal Procedure . In the matter of Abhaya
Charan Choudhury and Others
applicant registered owner of the vehicle filed
under Section 451 / 457 of Cr.P.C. for getting interim custody of vehicle XUV-
Signature Not Verified ... bearing registration No MP-33-MP-3333. Application under
Section 451 / 457 of Cr.P.C. was filed by the registered owner of the vehicle
Respondent
PRAYER: Criminal Revision Petition has been filed under Section 397
r/w 401 of the Code of Criminal Procedure , to call for the records ... Madhavan
Government Advocate (Crl.Side)
For R2
ORDER
This Criminal Revision is directed against the order passed in
Crl