Kundan Singh, J. - (1.) While disposing of the application under Section 5 of the Limitation Act, I felt that the appeal itself can be decided right now, hence I heard Sri K. K. Arora for the appellant and Shri Tiwari for the State on the merits of the appeal also.
(2.) This appeal has been filed by Firm M/s. Siv Shanker Roadways, Near Modi Temple, Modi Nagar Ghaziabad through Ramesh Chand Goel against the order dated 7.4.1989, passed by Brijendra Singh, Xlllth Additional Sessions Judge Moradabad. By that order, the property has been released in favour of Smt. Murshadi Begum from whose possession it was recovered by the police as looted property on the information given by accused Mashood Shah. According to the allegation made in the F.I.R., the driver was carrying 600 tins of ghee from Modi Nagar,to Bareilly. In the way, the truck was intercepted and looted and an F.I.R. of this incident was lodged by the driver. The accused Mashood Shah was challaned by the police under Sections 412, 395 and 397 I.P.C. He was put up for identification but was not identified by any witness and no incriminating article was recovered from his possession hence he was discharged by the Court on 14.10.88.
(3.) Learned counsel for the appellant pointed out that as the police did not challan Smt. Murshadi Begum under Section 412 I.P.C. She made an application before the XIIIth Additional Sessions Judge, Moradabad for release of the property by the order appealed against the property has been directed to be released in her favour.;