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AIR 2017 SUPREME COURT 5443 ::AIR 2018 SC (Criminal) 164
Supreme Court Of India
(From : Jharkhand)
Hon'ble Judge(s): A. K. Sikri, Ashok Bhushan , JJ

(A) Criminal P.C. (2 of 1974) , S.84, S.482— Criminal Law (Amendment) Ordinance (38 of 1944) , S.12, S.13— Attachment of property - Order making attachment absolute - Challenge against - Non-termination of criminal proceedings - Appeal pending against order of conviction of accused in one criminal case - In another criminal case, trial already pending in which provisions of Ss. 12 and 13 of Ordinance applicable - Accused can invoke said provisions for Court to evaluate property procured by scheduled offences - S. 13 of Ordinance empowers Court to deal with attached properties even after termination of criminal proceedings - Since one more trial still pending - Order of Judicial Commissioner making attachment order absolute - Proper. (Para 27) (B) Criminal P.C. (2 of 1974) , S.84, S.482— Criminal Law (Amendment) Ordinance (38 of 1944) , S.4— Attachment of property - Order making attachment absolute - Plea of accused that property acquired by him upon demise of his father during pendency of proceedings cannot be attached - Under S. 4 of Ordinance, power can be exercised for attaching several properties for securing alleged defaulted money - Upon non-availability of other property for attachment, such other property of accused of equivalent value can be attached - Order of Judicial Commission....

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