1 2026:CGHC:7691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2860 of 2024 • Smt. Champa Devi Tiwari W/o Late Kujeshwar Tiwari Aged About 56 Years R/o Village Khamhar Kasidand P.S. Dharamjaigarh District - Raigarh (C.G.). ... Petitioner(s) versus • State Of Chhattisgarh Through Station House Officer P.S. Kamleshwarpur District - Surguja (C.G.) --- Respondent Office Reference : For Petitioner : Mr. Shiv Sewak, Advocate on behalf of Mr. Dinesh Yadav, Advocate. For the State : Mr. Jitendra Shrivastava, GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11/02/2026 1. This office reference is listed/registered on the basis of PUD/letter dated 03.10.2024 sent/forwarded by the learned Special Judge (Atrocities), Ambikapur, District–Surguja (C.G.). 2. The concerned Trial Court had rejected the application preferred by the petitioner under Section 451 of the Code of Criminal Procedure seeking custody of vehicle Mahindra Bolero bearing Registration 2 No.CG-13-CA-0254, which had been seized by Police Station– Kamleshwarpur in connection with a criminal case. 3. This Court, vide order dated 20.09.2024 passed in CRMP No. 1740/2023, has passed the following order/directions: “10. In view of the above, it is directed that the said vehicle be released forthwith in favour of the petitioner on interim custody subject to furnishing a sum of Rs. 8,00,000/- along with one surety by way of Supurdnama before the concerned Trial Court. It shall further be ensured that no alteration is made in the physical appearance of the said vehicle. The petitioner shall also produce the vehicle as and when required, at his own cost. 11. With the aforesaid observations and directions, the present petition stands disposed of.” 4. The relief sought by the petitioner in CRMP No.1740/2023 was only confined to grant of interim custody of the aforesaid vehicle and issuance of necessary direction to the Station House Officer, Police Station–Kamleshwarpur, District–Surguja. 5. It is pertinent to note that at the time of filing of CRMP No. 1740/2023, the petitioner had sought only interim custody of the vehicle under Section 451 of the Cr.P.C, and no challenge was laid to any order of confiscation. 6. As per the PUD/communication received from the learned Special Judge (Atrocities), Ambikapur, District–Surguja (C.G.), the final 3 order regarding disposal of the property/vehicle in question had already been passed by the Trial Court on 24.04.2018, whereby the vehicle in question stood confiscated. The petitioner has not assailed the said confiscation order by preferring an appeal under Section 454 of the Cr.P.C. 7. Section 454 of the Cr.PC provides a statutory remedy of appeal to any person aggrieved by an order passed under Sections 452 or 453 of the Cr.P.C., empowering the Appellate Court to stay, modify, alter or annul such order. 8. In view of the aforesaid facts and circumstances, the present petition is disposed of with liberty reserved to the petitioner to avail the statutory remedy of appeal under Section 454 of the Cr.P.C. before the competent Appellate Court against the confiscation order dated 24.04.2018 passed by the Trial Court. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-