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1994 DIGILAW 647 (MP)

Gunmala Jain v. Gulabchand

1994-09-02

N.P.SINGH

body1994
JUDGMENT This revision application is directed against the order dated 6.10.90 passed by the AS.J., Sihora in criminal revision No. 34/88, reversing the order dated 11.12.87 passed by the Judicial Magistrate First Class, Sihora in criminal case No. 830/85 whereby the applicant was given the custody of ornaments on Supratnama, on execution of bond, seized from the possession of her husband by the police. On confidential information, police raided the house of the applicant and recovered and seized some gold and silver ornaments. The allegation was that accused Gulab Chand used to obtain the ornaments deceitfully from the owners thereof and pledged to the applicant. Shri Fakhruddin, learned counsel for the applicant has contended that there is no Govt. Nazarat at Sihora for the safe custody of the valuable articles. Therefore, the ornaments will require to be kept in the Govt. Nazarat at Jabalpur and during the trial the ornaments will require to be produced before the trial Court at Sihora as and when required by the Court. The applicant, therefore, apprehend that the ornaments may be tempered with or replaced in transit, from Jahalpur to Sihora. Shri R.K. Khare, G.A. fairly conceded that there is no Govt. Nazarat at Sihora, for the safe custody of the articles. It is evident that the impugned order is interlocutory in nature and is not amenable in revision. The order is amenable by the High Court in exercise of its inherent power, under section 482 Cr.P.C. In appropriate cases the High Court in exercise of revisional jurisdiction may, however, interfere with the interlocutory order, for correction, in the interest of justice, to prevent the miscarriage of justice. In the instant case, if the ornaments is lost or tampered with in transit on account of some unforeseen reasons, the applicant will suffer irreparable loss. It is, therefore, expedient in the interest of justice to interfere with the impugned order. For the reasons, mentioned aforesaid, the impugned order cannot be sustained. Accordingly, it is set aside and the Judicial Magistrate, Sihora is directed to hand over the custody of the ornaments to the applicant on furnishing a security of Rs. 1,00,000/- (Rs. One lack) with two solvent sureties in the like amount to his satisfaction, subject to the ultimate decision of the case by the trial Court. This revision application is disposed of accordingly.