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2016 DIGILAW 2022 (GUJ)

Nathu Bijal Rabari v. State of Gujarat

2016-09-08

ANANT S.DAVE, B.N.KARIA

body2016
ORDER : ANANT S. DAVE, J. Heard learned advocates for the parties. 2. In this Application preferred by the applicant-husband of the deceased under Section 452 of the Code of Criminal Procedure, 1973 it is prayed that the learned Chief Judicial Magistrate, Kachchh at Bhuj be directed to hand over muddamal golden ornaments, mobile phone and other items, as per muddamal receipt nos. 54, 55, 56 and 57, as described in the list at Annexure “A” to the petition, which is a certified copy of the inventory as available in the Sessions Case No. 90 of 2011. 3. It is not in dispute that while disposing of Criminal case, being Sesisons Case No. 90 of 2011, the learned 6th Addl. Sessions Judge, Kachchh at Bhuj in paragraph 3 of the operative order held that, “..the muddamal articles 1 to 4, 7, 8, 10, 11, 14 & 18 be destroyed, after appeal period is over and so far as Tavera Car bearing registration No. GJ-12-AE-9499 is concerned, the same be kept with the person who was handed over possession of the car, as directed by an interim order passed by the learned JMFC, Nalia. However, order may be passed with regard to rest of the muddamal articles, after holding inquiry under Section 452 [3] CrPC, after the appeal period is over by the learned Chief Judicial Magistrate, Kachchh at Bhuj.” 4. Thus, with a direction to the learned Chief Judicial Magistrate, Kachchh at Bhuj to decide muddamal application, within a period of eight weeks of its receipt, as per the directions contained in the above Order dated 29th October 2013 passed by the learned 6th Addl. Sessions Judge, Kachchh at Bhuj in Sessions Case No. 90 of 2011, the present Misc. Criminal Application stands disposed of. 5. It is made clear that in the event of any help required, the learned Chief Judicial Magistrate, Kachchh at Bhuj may request the High Court in this regard. 6. Direct service is permitted.