When the appellate or revisional Court wants to vary the order of disposal of the property passed under section 453 or 454 of the Code of Criminal Procedure, 1973, it can do so after hearing all the parties affected by the proposed order. A third party claimant to the property would in such case entitled to a notice. Though this is not provided by any specific provision in the statute, it will have to be read in Chapter XXXIV of the Code of Criminal Procedure, 1973 since the basic rule of natural justice would require the Courts to comply with the said requirement. If the property is directed to be delivered to a third party or complainant in a case instituted on Police report, he will have to be issued notice, if the appellate or the revisional Court wants to vary that order and direct the return of the property to some other person.
Bombay High Court
Bhikaji Tukaram Darade vs The State Of Maharashtra And Ors. on 29 September, 1993
Equivalent citations: 1994 (2) BomCR 518
