Case :- APPLICATION U/S 482 No. - 462 of…
and ordered deposit of Rs. 32,50,000/- in fixed deposit with interest. New applications
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 462 of 2023
Applicant :- Jagdev Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Kumar Singh,Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Mohit Singh, learned counsel for the applicant, learned AGA for the State and perused the material on record.
This 482 Cr.P.C. application is being filed with a prayer to set aside the order dated 09.09.2022 passed by Additional Sessions Judge, Court No.1 Jalaun at Orai while deciding the Criminal Revision No. 61 of 2021 confirming the orders of learned CJM, Jalaun at Orai dated 01.10.2021 to the extent that the applicant did not grant the relief sought by the applicant in case crime no. 72 of 2021, under Sections 380, 411 IPC, P.S. Kotwali Orai, District Jalaun.
Contention raised by the counsel that the FIR was registered against the three named accused persons under Section 380 Cr.P.C. for the alleged act of theft of ornaments, jewellery and cash. After the accused were caught, stolen goods were recovered including the alleged ornaments jewellery as well as cash currency from their possession. amount was recovered from their possession. The said ornaments were claimed by the applicant and consequently those ornaments, cash currency and jewellery released in favour of the applicant. In addition to this, Rs. 32,50,000/- was also recovered from the possession of the accused persons, which was allegedly claimed by the applicant.
It was urged by the learned counsel for the applicant and this hefty amount of Rs. 32.,50,000/- was as a result of transformation by jewellery into cash selling those valuables.
The C.J.M. concerned has declined to release the amount of Rs. 32,50,000/- in favour of the applicant and the similar view was taken by the revisional court too and therefore, the revision was rejected to that extent.
The question of this 482 application is to whether the release of Rs. 32,50,000/- in favour of applicant when the trial is yet to conclude and at this stage, this Court cannot say with certainty that this amount of Rs. 32,50,00/- is also belongs to the applicant. This has to be adjudicated by the trial court.
Sri Mohit Singh, learned counsel for the applicant submits that Rs. 32,50,000/- would remain pending that would be detrimental to the interest of the applicant. To this extent, the Court is in agreement with the suggestion advanced by learned counsel for the applicant that the said sum may be deposited in some bank.
Under these circumstances, learned trial court is hereby directed to deposit the amount of Rs. 32,50,000/- by way of Fixed Deposit in some nationalized bank so that it may earn interest over it. On the other hand learned trial court should
make the necessary endeavour to conclude the trial as early as possible preferably within a period of one year from the date of production of certified copy of this order, so that the fate and future of the amount may be decided on merits, accordingly.
It is made clear that in the event, if it decides that amount belongs to the applicant after the conclusion of the trial and the entire amount with interest shall be handed over to the applicant.
With this observation, the present 482 application stands disposed of.
Order Date :- 9.2.2023 Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
Jagdev Singh
Rahul Chaturvedi
As recorded by the court registry
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