Magistrate' under the
CRL.M.C.No.6239 of 2015
-: 5 :-
provisions of the Code of Criminal Procedure , and the said
property ... parities could have invoked the procedure
CRL.M.C.No.6239 of 2015
-: 7 :-
under Section 457 Cr.P.C. In all cases wherein
already been adjudicated by the court under
Crl.R.P. No. 1323 of 2016 -2-
Section 452 Cr.P.C. Against the said order disallowing ... finding, the learned counsel preferred appeal under
Crl.R.P. No. 1323 of 2016 -3-
Section 374 of Cr.P.C., against the order
2009, PS Roop Nagar under Sections
448 / 34 IPC whereby the application of the appellant u/s 452 Cr.P.C. for
restoring possession ... very aptly been answered. In this case
Section 517 of the Old Code which corresponds to Section 452 of Cr.P.C.
was referred
present petition under Section 482 Cr.P.C. read with Section 452
Cr.P.C. for quashing of order dated 09.02.2015(Annexure P-4),
whereby ... State
counsel has also argued that there is such provision under Section 452
Cr.P.C., the present petition in the present forum
conclusion of trial and hence, the gold cannot be returned
under Section 452 Cr.P.C. Another ground highlighted by
the court below is that ... person entitled.
6. Further, the stage contemplated under Section
452 Cr.P.C. is not with regard to the conclusion of trial alone;
whereas
Crl.M.C.4315/2015
: 3 :
present. It is for the petitioner to approach the court below
at the stage of Section 452 ... considering the matter afresh at the
stage of Section 452 Cr.P.C. The court below shall decide
the question of entitlement under Section 452
property involved in the case,
reveals that after considering sub- section 5 of Section
452 of the Cr.P.C. and law laid down ... looted
from another victim Saurabh Verma be returned to them
under Section 452 (4) of the Cr.P.C. after expiry of the
limitation
cases provided for in Section 377, Section 378, sub-section (4) of Section 384 or Chapter XXX.
Section 394 of the Chapter provides provisions regarding ... District Magistrate under section 14(1) of the Act where as section 372 of Chapter XXIX of Criminal Procedure Code clearly provides that no appeal
offences under Section 120-B r/w 420
IPC and Section 13(2) r/w 13(1)(d) of the PC Act , against seven accused ... while passing orders either under Section 451
Cr.P.C. or Section 452 Cr.P.C., if it had been found that the gold weighed
Criminal Case No.217 of 2012 rejecting the application filed by the
applicant herein under Section 451 of the Code of Criminal Procedure ... Police ,
1988 Criminal Law Journal 240 (Vol.94), and analysed the provisions
of Section 102 of the Criminal Procedure Code and the facts
