Code of Criminal Procedure, 1973

Section 451 - The final order and disposal of property pending trial - Generally, when a vehicle was involved in a case, the Court, when appealing an order under Section 451 of Cr.PC, would not grant permission to sell the property, reasoning it should be kept complete, to ensure its production at the time of proof. - It is not disputed that the applicant is a financial company, authorized a car loan and the car is held by the company of the applicant company. Respondent no.2 is not the sole owner of the vehicle. Under such circumstances, the applicant's claim to seek permission to sell the car appears to be true. If the grant is granted, then, it may benefit both the financial company and the defendant no. 2. Therefore, keep the car as it is not without the partition will not work. The Court of Appeal of the Court failed to consider the matter and, without giving reasonable reasons, immediately refused to grant permission to sell the car. It is true that the car is involved in the 302 IPC case. However, the educated Court had to consider the provision of the law as provided for under section 451 which empowers the Court to exercise its discretion and follow a different procedure required. Considering the facts and circumstances of the present case, the application for a permit to sell the car would not have been wasteful. Ess Kay Fincorp Ltd. v. Gujarat State, ICL 2021 (7) Guj. 525.