Section 456 CrPC: Limitation Of 30 Days Would Not Apply If Trial Court Had Already Ordered Restoration Of Possession: SC

Ashok Kini

13 Feb 2019 4:14 PM IST

  • Section 456 CrPC: Limitation Of 30 Days Would Not Apply If Trial Court Had Already Ordered Restoration Of Possession: SC

    "It would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused."

    The Supreme Court has observed that the limitation of 30 days would not apply in preferring an application under Section 456 of the Criminal Procedure Code seeking restoration of immovable property, if the Trial Court had passed an order directing to handover the case property to the, while convicting the accused. In this case, the landlord's eviction suit against tenants was decreed...

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