- (1.) SESSIONS Case No.37/1982-State v. Ashok Kumar etc. under Section 395 IPC etc. was decided by Addl. Sessions Judge, Rajsamand on 22.12.1986. In this case it was ordered by the court that Addl.Chief Judicial Magistrate, Rajsamand will pass the order regarding disposal of seized articles under Section 452(2) Cr.P.C. The judgment of the Addl. Sessions Judge was challenged in the High Court and the High Court also upheld the order regarding disposal of article and again Addl. Chief Judicial Magistrate, Rajsamand was authorised to do the needful. Case was transferred from one court to another court uptill it reached to the court of Chief Judicial Magistrate, Rajsamand.
(2.) AFTER hearing both the parties, Chief Judicial Magistrate, Rajsamand on 26.5.2004 in Criminal Misc. Case No.244/1991 had ordered that Rs.10.52 lacs seized in this case should be returned to the Commissioner, Devsthan Vibhag, State of Rajasthan with the direction that he should use the amount in development of Nav-Durga Mata Mandir as per procedure. The order dated 26.5.2004 of the Chief Judicial Magistrate was again challenged in the court of Addl. Sessions Judge(FT), Rajsamand and that court dismissed Criminal Appeal NO.19/2006 filed by Bheru Singh and Chavand Singh and by order dated 17.1.2007 that court had upheld the order dated 26.5.2004 passed by the Chief Judicial Magistrate, Rajsamand. Now, the order dated 17.1.2007 passed by Addl. Sessions Judge (FT), Rajsamand passed in Criminal Appeal No.19/2006 has been challenged by Bheru Singh and Chavand Singh in this S.B.Cr.Revision Petition No. 857/2007 before us.
(3.) IT has been argued by the petitioners that in relation to FIR No.14/1982 of Police Station, Diver for the offences under Sections 395 IPC etc., an amount of Rs.10.5 lacs was recovered from the accused-persons and out of it particularly on the information of accused-petitioner Bheru Singh an amount of Rs.3.20 lacs, Rs.22,000/- and Rs.30,000/- were recovered. It has been stated that the petitioners were convicted under Section 395 IPC but they were acquitted in appeal by the Rajasthan High Court. The petitioners have prayed that when they have been acquitted from charges of offences under Section 395 IPC etc. , then the money seized from them should be returned only to them and not to now to Commissioner, Devsthan Vibhag as was ordered by Chief Judicial Magistrate, Rajsamand.;