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Judgment
Anand Pathak, J
The instant petition has been filed by petitioner under Section 482 of the Cr.P.C. taking exception to the order dated 09.09.2023 passed by trial court whereby application under Section 451 of the Cr.P.c. preferred by petitioner, as complainant, has been rejected. Ground for rejection is that charge-sheet has not been filed.
It is the submission of learned counsel for petitioner that now charge-sheet has been filed and therefore, ground for rejection of the said application no longer exists.
Learned counsel for respondent/State fairly submitted that if charge- sheet has been filed, then petitioner may file an application afresh before the trial court and the same shall be taken care of as per law.
Heard learned counsel for the parties and perused the documents appended thereto.
Here, in the present case, petitioner is complainant and is seeking his stolen property on Supurdaginama. Therefore, his anxiety to get his property on Supurdaginama is just and proper. However, at the relevant point of time, when he preferred an application, charge-sheet was not filed and since now charge-sheet has been filed, therefore, this petition is disposed of with a direction to the petitioner to prefer an application afresh before the trial court and trial court shall consider the said application and pass an appropriate order, especially, considering the fact that this is an application from the side of complainant/victim and he is seeking his stolen property on Supurdaginama.
Petition stands disposed of with aforesaid direction.