RAMCHANDRA KESHARWANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a revision filed by the son of de facto complainant, challenging order of the learned Special Railway Magistrate. Jabalpur dated 23-3-1993 dismissing his application filed under S. 452, Cr. P.C. for delivering custody of the case property, the details of which are given in paragraph 4 of the revision petition.

(2.) The facts of the case are that when the applicant's gather, by name, Hiralal Kesharwani was travelling on 24-12-1974 by Bina-Itarsi Train alongwith his wife, there was a theft of his suit-case, alleged to be containing the gold ornaments mentioned in paragraph-4 of the revision petition. Basing on the report lodged by him, the police have investigated and prosecuted 5 persons and they were convicted under Ss. 379, 411/34, I.P.C. On the ground that Hiralal Kesharwani died on 30-10-1985, the applicant has filed an application before the Special Rly. Magistrate for return of the property. The Spl. Rly. Magistrate has rejected his application for want of filing the succession certificate.

(3.) Section 372(3) of Indian Succession Act, requires a succession certificate to be obtained in respect of any debt or debts dew to the deceased creditor or in respect of portions thereof. This is not a claim in respect of any debt due to the deceased, which necessitates the filling of succession certificate. The order of the learned Special Rly. Magistrate insisting on the production of succession certificate for return of the case property to the applicant is, therefore, erroneous especially when the other legal heirs of the deceased Hiralal appeared in the Court and stated that they had no objection for returning the property in favour of the applicant.