Leave granted.
Having heard the learned counsel for the parties, we are of the opinion that
in view of the fact that the properties which were sought to be attached and
purportedly belonged to the accused, having not been specified, the impugned
judgment cannot be sustained. It is set aside accordingly. However, for procuring the
attendance of Accused No.1 – Pintu Rai, the Investigating Officer may file fresh
application in terms of Sections 82 and 83 of the Code of Criminal Procedure, which
may be considered on its own merit.
In the event an order of attachment is passed and pursuant thereto some
properties are attached in which the petitioner herein may have a share, she may file
appropriate claim application before the said Court.
The appeal is allowed accordingly.
(S.B. SINHA)