Arvind Rajoriya vs The State Of Madhya Pradesh
2023 Latest Caselaw 7162 MP

                                                             1

                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                  ON THE 2 nd OF MAY, 2023
                                         MISC. CRIMINAL CASE No. 9319 of 2023

                         BETWEEN:-
                         ARVIND RAJORIYA S/O SHRI NATHULAL RAJORIYA,
                         AGED ABOUT 44 YEARS, OCCUPATION: UNEMPLOYED
                         DHANVANTRI NAGAR LIG 1 POLICE STATION GARHA
                         DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                         (BY SHRI T.S.RUPRAH, SENIOR ADVOCATE WITH SHRI UMA SHANKAR
                         TIWARI - ADVOCATE )

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION   KOTWALI    DISTRICT  NARSINGHPUR
                         (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                         (BY SHRI DILIP SHRIVASTAVA - GOVT. ADVOCATE)

                               This application coming on for admission this day, the court passed the
                         following:
                                                              ORDER

Heard.

This petition under Section 482 of Cr.P.C. has been filed with a short prayer that the trial court while passing the judgment of acquittal dated 12.11.2021 in Sessions Trial No.156/2014 (State of M.P. Vs. Arvind Rajoriya) for commission of offence under sections 409,420,467 and 468 of IPC did not pass any order with respect to amount of Rs.4,00,000/- deposited by the applicant in the committal court at the time of bail in compliance of order of this Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/3/2023 11:34:21 AM

court dated 30.07.2013 passed in M.Cr.C.No.7567/2013. After judgment of acquittal, applicant had moved an application under Section 452 of Cr.P.C. before trial court but same was dismissed on the ground that a proposal for filing appeal against judgment of acquittal has been sent to the State Government.

Section 452 of Cr.P.C mandates that when an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitle to possession thereof or otherwise, of any property or document produced before it or in its custody.

In this case, the learned trial court did not pass any order in the judgement of acquittal. An application under section 452 of Cr.P.C was moved before the learned IVth Addl. Sessions Judge, Narsinghpur by applicant for refund of the amount so deposited but same has been dismissed vide order dated 05.11.2022 on the ground that the proposal for filing an appeal against the order of acquittal has been sent by the Collector to the Home Department.

A bare perusal of the impugned order dated 05.11.2022 makes it clear that it is an absurd order showing non application of the mind. Application under section 452 of Cr.P.C had to be decided in accordance with law and it was not required to be dismissed on the ground on which it has been dismissed. Consequently, the order dated 05.11.2022 is set aside. Learned trial court is directed to take it back on its number and pass fresh order on the application under section 452 of Cr.P.C in accordance with law within a period of three months from the date of production/ receipt of certified copy of this order.

M.Cr.C is disposed-off accordingly.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/3/2023 11:34:21 AM

(DINESH KUMAR PALIWAL) JUDGE MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/3/2023 11:34:21 AM