manoj (servicr) 26 June 2009

application under crpc 457

hi on 22.05.09 night at 3 am theft occure in my house. police arrest the thief with some of stolen gold ornaments . I file application under crpc 457 in the jmfc chalisgaon. I have some bills of the ornaments , but some bills are old in the form of quotaion . also weight quoted by police of the gold differs from the bill because some ornaments are filled with LAKH , MANI , artificial stones. I took the NOC of Thief , I O but JMFC order due to difference in the weight in bills & weight quoted by police & some bills are in the form of quotation application rejected please send me some case laws in the matter I filed revision in District Court which helps me in revision .

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4 Replies

PARTHA P BORBORA (advocate) 27 June 2009

as an order passed in conection with Sec 457 is an interloctory order no revision will lie. and more important, an application U/S 457 is applicable for the in-custody of the seized articles which were not produced before the Court, but only a sezure list was produced. if the seized articles were produced before the Court pl file the application Sec-451 Cr.P.C. in my opinion unless and untill u prove that the seized articles belongs to u by filing proper documents, the Court shall not allow the in-custody of the ornaments.

PARTHA P BORBORA (advocate) 27 June 2009

selvageathan (profession) 07 April 2010

what mr.parthaprotim says is correct u follow the same for your proplem

Devajyoti Barman (Advocate) 07 April 2010

It is wrong to state that the no revision lies against the interlocutory order. There are several dicisions in this regard. If the material supports the claim of the complainant then minor discrepancy should not come in the way. The complainant at first should pray calling for the IO report in this regard and if the IO support the claim of the complainant then the court generally come in the way. Pursue vigorously your case in Motion.