Subhash Bakhla v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1204 of 2017 Subhash Bakhla S/o Late Simon Bakhla, Aged About 52 Years R/o Village Raipath, Police Station Jashpur, District Jashpur, Chhattisgarh....(Complainant).

---- Petitioner

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Jashpur, District Jashpur, Chhattisgarh. ---- Respondent For petitioner- Shri J.K. Saxena, Advocate.

For State/respondent- Shri Ramakant Pandey, PL. Hon'ble Shri Justice Goutam Bhaduri Order 24/10/2017 1.

Perusal of the order dated 30/03/2016 passed in Sessions Trial No.81/2015 by the Additional Sessions Judge, Jashpur it records that the seized article which includes cash and the mobile which has been claimed in the petition may be returned, if appeal is not filed. 2.

It has been submitted at the bar that appeal has been filed by the convicted person. Therefore, remedy would lie before the appropriate appellate court. The order to return the goods cannot be passed while exercising power under Section 482 of Cr.P.C. The petitioner would be at liberty to seek appropriate remedy before the appropriate court. 3.

Accordingly, the petition is disposed off.

Sd/- (Goutam Bhaduri) JUDGE gouri