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Chandra Shekhar Shastri Vs. State and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in1978CriLJ540
AppellantChandra Shekhar Shastri
RespondentState and anr.
Excerpt:
- .....directed against an order dated 20-9-1975 setting aside the order dated 22(27?)-7-75 passed by the learned magistrate rejecting the application of o.p. no. 2 for release of the properties which had been attached in pursuance of the processes issued against the applicant under sections 82 and 83 cr.pc2. at the relevant time the applicant (chandra shekhar shastri) was the registrai of rishikul brahmacharya ashram hardwar, district saharanpur, he was wanted in a case under section 307, ipc from p. s. hard-war- it is said that he evaded his arrest by the police whereupon the court issued processes against him under ss, 82 and 83, cr, p. c- several items of property belonging to him were attached. subsequently, he appeared in court and was released on bail. he then made a prayer for release.....
Judgment:
ORDER

V.K. Varma, J.

1. This revision is directed against an order dated 20-9-1975 setting aside the order dated 22(27?)-7-75 passed by the learned Magistrate rejecting the application of O.P. No. 2 for release of the properties which had been attached in pursuance of the processes issued against the applicant Under Sections 82 and 83 Cr.PC

2. At the relevant time the applicant (Chandra Shekhar Shastri) was the Registrai of Rishikul Brahmacharya Ashram Hardwar, district Saharanpur, He was wanted in a case Under Section 307, IPC from P. S. Hard-war- It is said that he evaded his arrest by the police whereupon the Court issued processes against him under Ss, 82 and 83, Cr, P. C- Several items of property belonging to him were attached. Subsequently, he appeared in Court and was released on bail. He then made a prayer for release of his properties. The Court allowed his prayer and passed an order releasing all his properties. After a few days O.P. No. 2 calling himself as Officiating General Secretary of Rishikul Brahmacharya Ashram Hardwar made an application that the properties attached should not be released in favour of the applicant as all those properties belonged to the Ashram, and not to the applicant. The learned Magistrate rejected the application of O.P. No. 2, whereupon O.P. No. 2 went up in revision. His revision was allowed and the learned Sessions Judge remanded the case to the Court of the learned Magistrate for deciding the claims of the parties in regard to the disputed properties in accordance with the provisions contained in Section 84 Cr. P. G Feeling aggrieved with this order, the applicant has come up in revision to this Court

3. I have heard the learned counsel for the applicant at sufficient length and I may say here at once that this revision must be allowed. The learned Sessions Judge did not understand the provisions of law correctly and manifestly erred in passing the order which he passed, Under Section 84 Cr.PC claims and objections in regard-to the attached property can be preferred only so long as that property continues to remain under attachment. In this case, in pursuance of the processes issued under Ss- 82 and 83 Cr. P- C. the properties allegedly belonging to the applicant were attached, on 6-6-1975. . On the same day he was released on bail and at his request the attached properties were released on 9-7-1975. It was on 15-7-1975 that O.P. No. 2 gave an application that the attached properties should not be released in favour of the applicant as they belonged to the Ashram. Such an application should not have been entertained after the Court had passed the order releasing the disputed pre-perties in favour of the applicant. If O.P. No. 2 feels that the disputed properties were not of the applicant and they really belonged to the Ashram, he can certainly file a civil suit for claiming the same. He certainly cannot be allowed to agitate his claim in the Court of the Magistrate. The Magistrate was, therefore, absolutely correct when he rejected the application of O.P. No. 2 claiming the disputed properties as those belonging to the Ashram. The learned Sessions Judge was not at all correct when he interfered with the order of the Magistrate and remanded the case for further investigation of the claim Under Section 84 Cr.PC

4. In the result, I allow this revision and set aside the impugned order dated 20-9-75. Order dated 27-7-1975 passed by the Magistrate is confirmed.


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