Pushpa Jain vs The State Of Madhya Pradesh
2024 Latest Caselaw 4699 MP

Madhya Pradesh High Court

Pushpa Jain vs The State Of Madhya Pradesh on 17 February, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                                  IN    THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                              ON THE 17 th OF FEBRUARY, 2024
                                         MISC. CRIMINAL CASE No. 17460 of 2023

                           BETWEEN:-
                           PUSHPA JAIN W/O SHRI RAJKUMAR JAIN, AGED ABOUT
                           48 YEARS, OCCUPATION: HOUSEWIFE R/O DEEN DAYAL
                           UPADHYAYWARD KHURAI DISTRICT SAGAR (MADHYA
                           PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI B. R. PANDEY, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION NARYAWALI R/O DISTRICT
                                 SAGAR (MADHYA PRADESH)

                           2.    VINOD KUMAR S/O LATE NATHURAM JAIN, AGED
                                 ABOUT    70   YEARS, R/O MATA MADIYA
                                 MOTINAGAR WARD DISTRICT SAGAR (MADHYA
                                 PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI C. M. TIWARI, GOVT. ADVOCATE &
                           SHRI MAYANK SINGH, ADVOCATE FOR OBJECTOR)

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

Petitioner has filed this petition under sectin 482 CrPC against order dated 28.2.2023 passed in MJC (R) No.2542/2021 by Additional Sessions Judge, Sagar, by which gold was given on supurdginama to one Vinod who is brother of the deceased.

2. Learned counsel for the petitioner submitted that deceased has given a

"Will" to donate his property to Jain temple. Contrary to the "Will" supurdginama could not be given. Learned counsel for the petitioner submitted that non-applicant no.2 is brother of deceased and there is no "Will" in respect of valuable articles. Trial court has rightly given the property to him in his custody.

3. Learned Govt. Advocate appearing for the respondent/State as well as learned counsel for the objector supported the order passed by the trial court.

4. Heard the learned counsel for the parties.

5. On going through the order it is found that objection filed by petitioner was rejected and direction was given to examine the gold and prepare

panchnama and photographs shall also be taken in respect of articles. Direction was also given that non-applicant no.2 will not sell the property in question and will produce the same before court when required. It is specifically been mentioned that right or interest over the property has not been decided and direction was given that Civil Court will decide the rights of person and as per said judgment person who is in custody of property will hand it over to rightful person. It is informed that no case is pending before Civil Court.

6. Considering the aforesaid facts and circumstances of the case, petition is disposed of directing trial court to decide the rights of the parties at the time of passing final judgment and pass order regarding disposal of property under section 452 CrPC. While passing final judgment and disposal of property, all interested persons will be given opportunity to establish their rights and interest over property for getting it in custody.

7. With aforesaid direction, this petition is disposed off.

(VISHAL DHAGAT) JUDGE mms