\A‘b HIGH COURT OF CHHATTISGARH AT BILASPUR ct. mu. No. 339/2009 Ashok Kumar Dwivedi s/o lam C.L. Dubey aged about 65 years, r/o New Colony Chhattarpur Madhya Pradesh. State of Chhattisgarhinnough —Police station Dani District Korba Chhattisgarh. VERSUS ETI’I‘ION UNDER SEGTION 482 OF THE CRIMINAL RPOCEDURE (SB :Hon’bie Mr. T.P.Shaxma; J.) Present:- Shri Abhijeet Sarkar, Advocate for the petitioner. Shri Sushil Dubey, GA. for the State] respondent. 3/ CODE. ORAL— ORDER (passed on 617] 2009) 1. Heani on I.A. No. 01, Application for taking additional documents on record. The application (LA. NO. 01) is allowed. Additional documents axe taken on xeconl. 2. This is a petition under Section 482 of the Code of Criminal Pmcedum, 1973 (in short the code) against the order dated 9/5/ 2007 passed by the Special Judge (Plevention of Corruption Act, 1988) Korba in special Sessions Case NO. 03/2007 whereby learned Special Judge" has 3 dismissed the application‘for unconditional custody of the property. . 3. Learned counsel for the petitioner submits that property in question not r a property in dispute of the case and according to case of the prosecution ‘ property which was Shm‘dhan was not taken into consideration by the prosecun'on against the petitioner Ashok Kumar Dwivedi. Decision of the property in such conditional would amount to abuse of the process of the Court. V e o kv.\ 4. Onler impugncd perused. It appears mm the application for unconditional interim custody was rejected by the Court below. Petitioner has not filed any application for inten'm custody with ndition. The order 'impugied passed on 9/5/2007 and pmsent. r petitioner has med this petition on 30/6] 2009 after lapse of 2 years in L L: the year 2007. Case was pending‘ againstwifie petiu'oner, ailer lapse-at: 2 yeaxs it is di$cult to hold Whether the case is pending and What is the progress of the case. Relief under Section 482 of«the Code is; discretionaly. Taking into consideration the aforesaid facts,rl do not mid h in anywground for entertain in this petition. Consequently, this petition is 'v dismissed.