-^^a .^- bn»rt OF AT mo. 2. VE.RSUS Rayees Ahmad @ Lalla, S/o Shri Mohd Ahsiiad, aged aboiit 38 years, Trausporter, resideut of Maudhapara, P.S. Mazidhapaa'a, .Distt. Raipur (C.G.). Nuruddia son of Szijauddin, aged about 26 years, resident of M.audhapara, P,S- Ma-adhap.ara, Distt. Raipur (C.G.). Statc of Chliatdsgarh, fhrough the Distdct Magistrate, Distt Bilaspur (C.C-.). PETITIQN, U^S 482 OF THE CRJMINAL,,PRQCEDURE_,CGDE,, 1973. (SB :Ho2i?ble Mr. T.P.Shayma^ J.| Preseut: Shri B.P. Gupta, Advocate for fhe applicao.ts. Shri Sanjeev Agrawal, P,L. for fhe nou-applica&t/respondent, ORAL-ORDER (Passedon 01/05/2008) This petition is directed agaiast the order dated 5/2/2008 passed by Additional Sessions Judge, MuugeU, Distt, Bilaspiir in Cr, Rev, No. 32/2007, affirming the order dated 27/9/2007 passed by Judicial Magistrate, First Class, MungeU, in Cr. Case No. 954/07. ;, It is submitted on behalf of the appMcant that applicaiit waat to lile fresh application before the trial Court along wifti documents for best entiUenients for possession/ownership ofcoal aad iron rod and chenal for siipurdnaixia. L Tnal Court has rcjected ftie appUcation of custody on tiie ground tliat applicaQLt has not filed any docuinent relatiag to ownership of tlie property saoie was afiimied io. revision, 6. The case under Section 403 of the Indiaa Penal Code is pendiag before the tdal Courf but after lapse of 10 monfhs no ofher claiinant except applicaiit is appeared before the trial Court Person claimiag for custody of the propertv7 is required to show his best entitlenient for possession over fhe property, After taking m to consideration the fact tbat after lapse of 10 raonfhs no person has clamied ttie properU7 except appUcant fhe facts that fhe property was seized froisi fhe open place of tlie applicaat. It is subinitted on behatf of appUcaat tliat he waiit to file fresh appUcation alon.g wifh docuiaent, I aai of tlie opiiiion that opportunily be given to the applicaat, Consequentiy, fhe petition is allowed, The orclers of Court below are set-aside, If aay application is filed before the tdal Court then trial Court shall consider fhe sanie ia accordance wifh. law. Sd/- T.P. Sharma Judge