Manharan Lal Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 958 of 2015

1. Manharan Lal Dewangan, S/o Ghurwaram Dewangan, aged about 46 Years

2. Ghurwaram Dewangan, S/o Late Shri Dukalha Ram Dewangan Aged About 70 Years Both are R/o Village Ghardei, Post Bawali, P.S. And Tahsil Pathariya, District Mungeli Chhattisgarh.

---- Petitioners

Versus

• State Of Chhattisgarh Through The District Magistrate, Mungeli, District Mungeli, Chhattisgarh.

---- Respondent ------------------------------------------------------------------------------------------ For Petitioners :

Shri Sourabh Sharma, Advocate For Respondent/ State :

Shri Satish Gupta, GA ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Goutam Bhaduri

ORDER

29.10.2015 1) The instant petition has been filed with a short prayer that in Session Case No.H19/2014, a conviction order was passed on 30.06.2015; at para- 33 of that order it was observed that the seized gold and silver ornaments shall be handed over to petitioner No.2 Ghurwaram Dewangan after expiry of limitation period for filing an appeal and in absence of any appeal after the period of limitation, the seized gold and silver ornaments be handed over to the husband of the deceased, namely, Ghurwaram Dewangan, herein petitioner No.2.

crmp 958 of 2015 2) Learned counsel for the petitioners submits on query being made that the appeal has been filed.

3) Perusal of para- 33 of the order reveals that in absence of any appeal, the seized gold and silver ornaments be handed over to the husband of the deceased, namely Ghurwaram Dewangan. The appeal having been filed, appropriate application may be filed before the Appellate Court wherein the appeal is pending. 4) With this observation, the petition is disposed of. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE padma