IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL  NO. 727  OF 2008

[Arising out of SLP(Crl.) No. 7652/2007]

PHULIA DEVI @ PHULARA DEVI ... APPELLANT(S) :VERSUS:

STATE OF BIHAR AND ANR. ... RESPONDENT(S)

O R D E R

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.

..........................J (S.B. SINHA)

..........................J   (MUKUNDAKAM SHARMA)    NEW DELHI, APRIL 16, 2008.