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JAILA SINGH v STATE - CRLMA Case No. 61 of 2007  RD-RJ 2864 (23 May 2007)
S.B. CRIMINAL MISC. APPLICATION NO.61/2007.
S..B. CRIMINAL APPEAL NO.514/2002.
HON'BLE MR. CHATRA RAM JAT, J.
Mr.D.S.Gharsana for the applicant;
The case comes up on an application under Section 452
Cr.P.C. filed by the applicant Hardev Singh. Heard learned counsel for the parties on the application and perused the record.
Learned counsel states that applicant Hardev Singh is the father of the deceased daughter Smt. Chhinder Pal Kaur and he was also the complainant in this case. Learned trial court vide its judgment dated 01.07.2007 ordered that recovered articles mentioned in Ex.P7, Ex.P-8 Ex.P-9 and Ex.P-15 be returned to the applicant after the expiry of limitation of appeal but because of this appeal learned trial court is not in a position to refund these articles.
He prays that this application be allowed and the recovered articles be returned to him.
Learned P.P. Has no objection to this and he states that looking to the order passed by the trial court the applicant may be handed over the recovered articles.
Accordingly, the application under Section 452 Cr.P.C. is accepted and the same is allowed. It is ordered that the recovered articles mentioned in Ex. P-7, Ex. P-8, Ex. P-9 and Ex. P-15 as ordered by the trial court vide judgment dated 01.07.2002 be handed over to the applicant Hardev Singh forthwith. [CHATRA RAM JAT]J. mamta
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