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Police can't attach immovable properties during investigation: Supreme Court

A two-judge bench of the Apex Court, headed by Justice Deepak Gupta and also comprising Justice Sanjiv Khanna passed the verdict, after hearing an appeal filed by the Maharashtra government challenging the state High Court order.

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In a significant decision, the Supreme Court on Tuesday ruled that police will not have the power under the Criminal Procedure Code (CrPC) to attach any immovable properties of an accused during the course of the investigation.

A two-judge bench of the Apex Court, headed by Justice Deepak Gupta and also comprising Justice Sanjiv Khanna passed the verdict, after hearing an appeal filed by the Maharashtra government challenging the state High Court order.

The decision came on a bunch of appeals challenging the power of police contained in Section 102 of CrPC.

Earlier the Bombay High Court too held that immovable property cannot be attached by police. But Maharashtra government appealed to the Supreme Court seeking this power in aid of investigation. However, But an SC bench headed by Justice Deepak Gupta held that such a power is prone to misuse and hence cannot be granted.

(More details awaited...)

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