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KRISHAN LAL versus STATE

High Court of Rajasthan

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KRISHAN LAL v STATE - CRLA Case No. 784 of 2002 [2007] RD-RJ 1817 (10 April 2007)

S.B.Cr. Appeal No.784/2002

(Krishan Lal vs. State of Rajasthan)

Date of order : April 10, 2007

HON'BLE MR.H.R.PANWAR,J.

Mr.M.K.Garg, for the petitioner.

Mr.Vinod Bhadu for the applicant.

Mr.B.L.Tiwari, P.P.

By an application being I.A. No.187/2007, the applicant

Surendra Kumar seeks modification of the order dt. 16.12.2004, by which it was directed that the article recovered vide Ex.P-18 be delivered on interim custody to applicant Smt. Keshar w/o

Brijlal Suthar.

In view of the fact that while dismissing the main criminal case, the trial court directed to hand over the dowry articles recovered vide Ex.-P-18 to Smt. Keshar after the period of limitation for filing an appeal is expired. The order of the trial court has been challenged by way of an appeal. Smt. Keshar earlier filed an application before this Court seeking interim custody of the articles recovered vide Ex.P-18 and accordingly vide order dt. 16.12.2004, the articles recovered vide Ex.P-18 were directed to be delivered to Smt. Keshar on interim custody.

The right to possess the articles recovered was decided by the trial court in favour of Smt. Keshar and, therefore, applicant

Surendra Kumar is not entitled for the interim custody of the articles recovered vide Ex.P-18.

The application seeking modification of the order dt. 16.12.2004 is, therefore, dismissed. However, it is made clear that if Smt. Keshar wife of Brijlal Suthar approaches to the concerned court or the police, the dowry articles recovered vide

Ex.-P-18 may be handed over to her without any delay.

(H.R.PANWAR),J. m.asif/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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