Section 454 of CrPC : Section 454: Appeal against orders under section 452 or section 453.

Explanation using Example

Example 1:

Scenario: Ramesh's Stolen Bike

Ramesh's bike was stolen and later recovered by the police. The bike was presented in court as evidence in a theft case. The court, under Section 452, ordered that the bike be returned to Ramesh. However, the accused, Suresh, claimed that the bike actually belonged to him and not Ramesh. Suresh was aggrieved by the court's order and decided to appeal against it under Section 454.

Application of Section 454:

1. Suresh, feeling wronged by the court's decision to return the bike to Ramesh, files an appeal in the higher court.
2. The appellate court reviews the case and may decide to stay the order of returning the bike to Ramesh until the appeal is resolved.
3. The appellate court has the power to modify, alter, or annul the original order. It may decide that the bike should be returned to Suresh instead, or it may uphold the original decision to return it to Ramesh.

Example 2:

Scenario: Confiscated Goods in a Smuggling Case

The customs department seized a shipment of goods suspected to be smuggled. The court, under Section 453, ordered the confiscation of the goods. The owner of the goods, Priya, claimed that the goods were legally imported and that the confiscation was unjust. Priya, aggrieved by the court's order, decided to appeal under Section 454.

Application of Section 454:

1. Priya files an appeal in the higher court against the order of confiscation.
2. The appellate court may decide to stay the confiscation order until the appeal is heard and decided.
3. The appellate court reviews the evidence and arguments. It may find that the goods were indeed legally imported and order the return of the goods to Priya, or it may uphold the original confiscation order if it finds the goods were smuggled.

Example 3:

Scenario: Disputed Ownership of Seized Property

During a raid, the police seized several valuable items from a house suspected to be involved in illegal activities. The court, under Section 452, ordered that the items be handed over to the state. However, a third party, Anil, claimed that some of the seized items belonged to him and not to the accused. Anil, aggrieved by the court's order, decided to appeal under Section 454.

Application of Section 454:

1. Anil files an appeal in the higher court, claiming ownership of the seized items.
2. The appellate court may stay the order of handing over the items to the state until the appeal is resolved.
3. The appellate court examines the evidence and may decide to return the items to Anil if his claim is found to be valid, or it may uphold the original order if it finds that the items were rightly seized from the accused.

Example 4:

Scenario: Confiscation of Documents in a Fraud Case

In a fraud investigation, the police seized several documents from the accused's office. The court, under Section 453, ordered the documents to be retained by the police for further investigation. The accused, Rajesh, claimed that the documents were personal and unrelated to the fraud case. Rajesh, aggrieved by the court's order, decided to appeal under Section 454.

Application of Section 454:

1. Rajesh files an appeal in the higher court against the order to retain the documents.
2. The appellate court may stay the order of retaining the documents until the appeal is heard and decided.
3. The appellate court reviews the documents and may decide that some or all of the documents should be returned to Rajesh if they are found to be personal and unrelated to the case, or it may uphold the original order if the documents are relevant to the investigation.