innocent owner is to be
protected by taking resort to Section 451 or
Section 457 of the Code.
5
5. Chapter ... made before the
competent court either under Section 451
Cr.P.C. or Section 457 Cr.P.C., as the case
Incidentally, it is also contended that when Sub-section (1) of Section 457, Cr. P. C. confers jurisdiction on the Magistrate to make such order ... make such order as he thinks fit" in Sub-section (1) of Section 457 does not confer arbitrary and uncontrolled power on the Magistrate
under Section 379 / 352 , Indian Penal Code. The present petitioner and Opp. Party Nos. 1 and 2 filed separate petitioner under Section 457 ... word "make such order as thinks fit in Sub-section (1) of Section 457 does not control the power of the Magistrate
said section is an aggravated form of the offence described in Section 456 , IPC. In order to support a conviction under Section 457 ... under Section 395 , IPC and Section 9(b) of the Explosives Act are concerned are maintained, while the conviction in respect of Section 457
petitioner filed an application invoking the jurisdiction of the Magistrate under Section 457 of the Code of Criminal Procedure for getting custody of the vehicle ... only other section in the chapter dealing with disposal of property. For better appreciation of the point in issue, Section 457 of the Code
point for determination is whether after passing of an order Under Section 457 of the Code directing release of a seized property in favour ... order. As a matter of fact, the word of Sub-section (2) of Section 457 them- selves contemplates- that property can be delivered
read together, are decisive: Section 451,
CRLMC No. 840 of 2023 Page 15 of 29
Section 452, and Section 457. Section 459 is ancillary (perishables ... view of the clear language of sub-section (1)
of Section 50 , Section 457 of the Code has no
application. But there is another provision
entitled to the possession
thereof.
18. So far the sub-Section of Section 457 of Cr.P.C. is
concerned, the same provides that ... note of Section 36 (C) of
the NDPS Act and the provisions contained in Section 51 , 52 (A)
(1) , Section 60 , Section 63 answered
under Section 72 shall not apply to the case at hand for
which the provision under Section 457 of Cr.P.C. can be invoked ... operate as absolute bar to consider
application either under Section 451 or Section 457 Cr.P.C.
8. The impugned order is weighed taking into
offence under Sections 379 , 411 / 34 of the I.P.C., Section 4 of the Kendu Leaf Act and Sections ... registered under Section 379 , I.P.C. and Sections 46 and 56 of the Orissa Forest Act. Application filed under Section 457
