Order 1

Order Details: COPY OF ORDER
Pdf Text: Sonal Malik @ Sonal Kohli Vs State & Ors.
Cr Revn no. 105/24
09.04.2024
Fresh revision petition received by way of assignment. It be
checked and registered.
Present: Petitioner in person.
Sh. B.S. Gaur and Sh. Anurag Narwal, Ld. Counsels
for petitioner.
It is stated that vide impugned order dated
02.03.2024, Ld. Trial Court had directed the IO to verify the bills
from both the parties and IO was further directed to serve a
notice upon the petitioner herein to return the disputed jewellery
articles. The court was dealing with an application under section
451 Cr. PC moved on behalf of accused persons as in compliance
of order dated 01.11.2023, IO did not take consent of all the
parties and jewellery articles belonging to the accused persons
were handed over to the complainant.
It is argued on behalf of the petitioner that the locker
from where the jewellery articles were recovered by the IO was
fully operated by the petitioner only, however, it was in joint
name of petitioner alongwith her husband. It is further pointed
out that during proceedings conducted by IO on 15.11.2023,
inventory of the articles was prepared and same was also signed
by respondent no. 2. Now, by moving an application under
section 451 Cr. PC, respondents are trying to mislead the court as
jewellery articles were handed over to the complainant by the IO
after due consent of respondent no. 2.
contd......
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Submissions heard. Record perused.
I have gone through the photocopy of the inventory
prepared by the IO and it bears signature of respondent no. 2
Nisheeth Kohli. It is mentioned in the inventory that the locker
was operated 17 times and it was the petitioner only who had
operated the same. Considering the fact that inventory of the
articles was duly prepared by the IO and that too with the consent
of respondent no. 2, I deem it appropriate to issue notice of the
present revision petition to the respondents, on filing of PF
within seven working days from today.
The operation of impugned order dated
02.03.2024 is hereby stayed till pendency of this revision
petition.
TCR be summoned two days prior to next date of
hearing.
Copy of this order be sent to the Ld. Trial Court for
intimation purpose.
Copy of this order be given dasti, as prayed for.
Put up for appearance of respondents / further
proceedings on 13.05.2024.
(Dhirendra Rana)
ASJ/Spcl. Judge(NDPS)
North/Rohini Courts/09.04.2024
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