2019 SCeJournal 233

SUPREME COURT OF INDIA

Cr.P.C., S. 456 – Section  456 (1)  clearly indicates that the Trial Court can pass an order for restoration of the possession of the property to the person who was forcibly dispossessed -   The proviso no doubt lays down that no such order shall be passed after one month of the date of conviction - Limitation of 30 days would not apply. It would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused – Section 456(2) provides that if the Court trying the offence has not made such an order, the Court of appeal, confirmation or revision can also make such an order while disposing of the proceedings pending before it -   No limitation has been provided for the higher courts to make such order.

 

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