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Judgment
Rohit Arya, J
This application under Section 482 Cr.P.C. is directed against the order dated 18/11/2020 passed by VII Additional Sessions Judge, Indore in Cr.R.
No.226/2020 confirming the order dated 05/11/2020 passed by Judicial Magistrate First Class, Indore in Crime Case No.555/2020, whereby application
filed on behalf of the applicant under Section 451 r/w Section 457 of Cr.P.C for release of mobile phones and cash on Supurdginama has been
dismissed.
Upon hearing the learned counsel for the parties, in the considered opinion of this Court, as the Courts below have applied correct principal of law with
due advertance to the fact while declining to release the seized mobile phones and the cash amount of Rs.6,07,200/- under Section 451 r/w Section
457 of Cr.P.C., regard being had to the fact that investigation is still pending and challan is yet to be filed. Therefore, prima facie no ground is made
out to exercise the inherent jurisdiction by this Court under Section 482 of Cr.P.C.
At this stage, learned counsel for the applicant seek liberty to file an application afresh after challan is filed for consideration on merits by the Court
below.
He is permitted to do so.
With the aforesaid liberty, application under Section 482 of Cr.P.C. stands dismissed.
It is made clear that this Court has not expressed any opinion on the merits of the case.
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