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january 2019

Supreme Court of India · 2019-01-28

C. Shanmugavel vs Eswari

Citation / case number
AIRONLINE 2019 SC 604
Court
Supreme Court of India
Petitioner
C. Shanmugavel
Respondent
Eswari
Author
R. Banumathi
Bench
R. Subhash Reddy, R. Banumathi

Judgment text excerpt

The Supreme Court addressed the custody of a vehicle involved in a murder case, where the appellant, brother-in-law of the deceased, initially received custody after the widow's consent. However, the widow later withdrew her consent, leading to a High Court dismissal of the appellant's revision. The Court held that the vehicle should remain in judicial custody until the criminal case is resolved, emphasizing the need for proper legal procedures in custody disputes under Section 302 IPC. The outcome affirmed the High Court's decision, maintaining the vehicle's custody with the court.

C. Shanmugavel vs Eswari · Niyam