Law: Code of Criminal Procedure, 1898

Section: 517, 516-A, 520 , 523, 435, 439, 518

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 517 & 520--Revision petition--Order for disposal of property regarding which offence committed--Stay of order Section 517--There is no cavil to proposition that under Section 520 of Cr.P.C. High Court is also authorized to pass an appropriate order in case trial Court fails to exercise power u/S. 517, Cr.P.C--Counsel for petitioners could not controvert fact that petitioners/accused have not claimed such amount as their own during trial rather in their statements under Section 342, Cr.P.C. alleged that said amount was foisted upon them--Order passed by trial Court clearly speaks that petitions were not decided on merits but on technical ground that trial Court lacks jurisdiction due to acquittal order passed by High Court.                   [Para 7] A 1997 PCr.LJ 500. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 517, 516-A, 520 & 523--Order for disposal of property regarding which offence committed--Trial Court has ordered confiscation of case property through a judgment of conviction and said decision has been reversed, therefore, principle of merger shall not apply, which attracts only if appellate Court upholds decision of trial Court or modify it in substance or relief but in present case this Court has not upheld or modified judgment of trial Court, rather quashed it, therefore, by all means, situation has been reversed to stage when during investigation amount was shown recovered from petitioners, then accused, while opening an avenue for petitioners to once again file petitions on analogy of Section 516-A or 523 of Cr.P.C. but u/S. 517 of Cr.P.C--No doubt this Court under Section 520, Cr.P.C. can pass an appropriate order, but only when petition under Section 517, Cr.P.C. is decided by High Court on merits, which has not been done by trial Court--Railway Department is contesting claim on basis of facts and contentions cited above, record of trial Court is also not before High Court and counter claims of parties require a factual inquiry based on recording of evidence, if necessary, by trial…