Allowed

Neeraj Alias Dhannjay Singh v. State of U.P. and Another

Allahabad HC9 Aug 2023CRLA/5916/2023

Case brief

AI extract

What is this about?

In this criminal appeal against Special Judge SC/ST Act order rejecting release of recovered cash and a mobile, the Allahabad High Court allowed the appeal for the cash of Rs. 1,44,500 lying in police custody but rejected the plea regarding the mobile phone.

What did the court decide?

Release of Rs. 1,44,500/- to the appellant with photocopies of notes for evidence; rejection of request to release the mobile phone.

Neeraj Alias Dhannjay Singh Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:162166

¶2

Court No. - 84

¶3

Case :- CRIMINAL APPEAL No. - 5916 of 2023

¶4

Appellant :- Neeraj Alias Dhannjay Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjeev Kumar,Rakesh Kumar Rathore

¶5

Counsel for Respondent :- G.A.,Ruksana

¶6

Hon'ble Mrs. Sadhna Rani (Thakur),J.

¶7

Heard learned counsel for the appellant and learned A.G.A.

¶8

No one has put in appearance on behalf of opposite party no. 2, though, the name of learned counsel for the opposite party no. 2 appears in the cause list.

¶9

This is an appeal under Section 14-A(1) of SC/ST Act against the order dated 25.03.2022 passed in S.T. No. 812 of 2021, Case Crime No. 243 of 2021 under Sections 182, 211, 504, 506 IPC and 3(2)(x) SC/ST Act, Police Station Saurikh, District Kannauj. By the impugned order the Special Judge, SC/ST Act, Kannauj rejected Criminal Misc. Application No. 531 of 2021 - Neeraj @ Dhananjay Vs. State of U.P., moved by the applicant, whereby the prayer to release Rs. 1,44,500/- and one vivo mobile was made.

¶10

As per facts of the case on 25.06.2021 an FIR Case Crime No. 229 of 2021 was lodged under Section 307 IPC by the applicant Neeraj @ Dhananjay Singh against Piyush, Dampi and brotherin-law of Ravindra (Kashmir) with the allegation that on 25.06.2021 his brother, Sadhu Singh s/o Ram Singh had gone to Bank of India, Bijnaura. When he was coming back between 1 pm to 2 pm in noon at service road, 200 mtrs. ahead from the drain towards Mishravad, Piyush, Dampi and brother-in-law of Ravindra (Kashmir) fired at Sadhu Singh s/o Ram Singh with intention of causing his death. Sadhu Singh sustained grievous injuries. Hearing hue and cry, he reached at the spot as his brother had informed telephonically that he had sustained fire arm injuries. The brother was having Rs. 2 lacs with him but when the first informant reached at the spot and took his brother to CHC, Saurikh for treatment, the brother was not having the money with him. Only mobile phone was with him. His brother was referred by the doctor to Kannauj. This incident took place due to old enmity. After investigation final report was filed in this case and in the final report an order was made to initiate the

¶11

proceeding under Section 182 of IPC against the first informant Neeraj.

¶12

On 03.07.2021 an FIR, Case Crime No. 243 of 2021 was lodged by Javar Singh s/o Mathura Prasad against Sadhu Singh and Neeraj Singh with the allegation that on 28.05.2021 his cousin Manoj Kumar had gone with Kaiso Prasad s/o Ram Singh by the tractor along with Vinod to purchase shuttering material from Umrain market. The tractor was being driven by Kaiso Prasad. While coming back from Umrain market in the way Manoj Kumar fell down from the tractor and was crushed to death under the wheel of the tractor trolley. Regarding this incident on the same day i.e. 28.05.2021 Vinod Kumar had lodged an FIR against Kaiso Prasad s/o Ram Singh. Sadhu Singh and Neeraj Singh sons of Ram Singh, being real brothers of Kaiso Prasad were pressuring the family of Javar Singh for compromise in the matter. On refusal, Sadhu Singh gave a threat that if Javar Singh and his family members would not listen to him for the sake of his brother he would shoot some one else or to himself. In the planned manner on 25.06.2021 Sadhu Singh in connivance with Neeraj Singh got himself shot at by Neeraj Singh and a false case Case Crime No. 229 of 2021 under Section 307 IPC was lodged against the family members of Javar Singh. It was also mentioned in the FIR that as Javar Singh belongs to scheduled caste, Sadhu Singh used to hurl caste based words against him and used to give threat of life to Javar Singh and his family members.

¶13

Along with affidavit dated 07.05.2023, recovery memo has been placed before the court by the learned A.G.A. According to this recovery memo, out of an amount of Rs. 2 lacs mentioned in the FIR, Case Crime No. 229 of 2021 the recovery of Rs. 1,44,500/- was made at the instance of wife of Sadhu Singh from the house of Dheer Singh in presence of the witnesses. It is mentioned in the recovery memo that Smt. Soni Singh w/o Sadhu Singh made a statement that out of Rs. 2 lacs, which was withdrawn by his husband from the Bank on the date of incident, Rs. 55,500/- were sent by her for treatment of her husband - Sadhu Singh.

¶14

This amount of Rs. 1,44,500/-, which was recovered in a pack of Rs. 500/- notes, along with one mobile phone was prayed to be released by the appellant - Neeraj @ Dhananjay Singh from the Special Judge, SC/ST Act, Kannauj by moving an application in Case Crime No. 243 of 2021. This application was rejected vide impugned order dated 25.03.2022, wherein the court found that in Case Crime No. 229 of 2021 under Section 307 IPC there was an allegation of missing of Rs. 2 lacs at the time of incident with Sadhu Singh s/o Ram Singh. During

¶15

investigation, the injured admitted causing gun shot injury by himself and concealing the money was also admitted. During investigation of Case Crime No.243 of 2021 above (State Vs. Sadhu Singh and others) at the instance of wife of Sadhu Singh Rs. 1,44,500/- were recovered. The trial court opined that whether Case Crime No. 243 of 2021 has been disposed of or not, is not clear and till the disposal of the case under Crime No. 243 of 2021 under Sections 182, 211, 506, 504 IPC and 3(2)(ii) of SC/ST Act, release of the amount of Rs. 1,44,500/- in favour of the applicant - Neeraj @ Dhananjay Singh was refused. At the time of disposal of release application, a report from the concerned police station Saurikh, District Kannauj was summoned by the court, whereby the amount of Rs. 1,44,500/related to Case Crime No. 229 of 2021 under Section 307 IPC was admitted to be in safe custody at the police station concerned, though, the presence of the mobile was denied in the police station Saurikh, District Kannauj.

¶16

Thus, from the above discussion, it is clear that final report was filed with regard to Case Crime No. 229 of 2021 and order was passed to initiate proceeding under Section 182 IPC against the present applicant because the incident dated 25.06.2021, subject matter of Case Crime No. 229 of 2021 was found false and out of Rs. 2 lacs mentioned in the FIR, Case Crime No. 229 of 2021 Rs. 1,44,500/- alleged to be missing at the time of incident, were recovered from the house of Dheer Singh at the instance of wife of Sadhu Singh. The remaining Rs. 55,500/- were said to have been sent by her for treatment of her husband - Sadhu Singh.

¶17

Though, the FIR, Case Crime No. 229 of 2021 lodged by Neeraj @ Dhananjay Singh was found to be false but it is the undisputed fact that Rs. 1,44,500/- belonged to Sadhu Singh s/o Ram Singh. There was no other claimant of this money, though, it is not mentioned in the impugned order that this amount was the case property, even then if it is considered to be a case property of Case Crime Nos. 229 of 2021 or 243 of 2021, Case Crime No. 243 of 2021 is said to be still pending. The amount of Rs. 1,44,500/- is admittedly not in circulation. This amount of Rs. 1,44,500/- is lying dump in the police station, though, in the safe custody. It is not good for the economy of the country. This amount is lying unused since last two years and it is not known that how much more time would be taken in disposal of Case Crime No. 243 of 2021 under Sections 182, 211, 506, 504 IPC and 3(2)(ii) of SC/ST Act, hence, in the opinion of the court, the money may be released in favour of the only claimant Neeraj @ Dhananjay Singh.

¶18

It is argued that both Sadhu Singh and Neeraj @ Dhananjay

¶19

Singh are the real brothers and both were involved in the offence. Hence, the money can be returned to Neeraj @ Dhananjay Singh.

¶20

As in the opinion of the court, it would not be proper to stop further circulation of this amount for indefinite period, hence, this amount deposited in the police station be returned to the applicant Neeraj @ Dhananjay Singh by keeping photocopy of each note from both sides, so that these photocopies may be used at the time of evidence in Case Crime No. 243 of 2021. As per FIR, Case Crime No. 229 of 2021, the mobile of Sadhu Singh was admittedly found with Sadhu Singh when he was taken to the hospital.

¶21

Thus, the appeal is allowed with regard to Rs. 1,44,500/-. The application is rejected with regard to mobile. The order dated 25.03.2022 above is set aside.

¶22

Order Date :- 9.8.2023 gp

¶23

Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad

Neeraj Alias Dhannjay Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Neeraj Alias Dhannjay Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dilip Kumar Yadav and 4 Others Vs State of U.P. and Another

Santosh and 4 Others Vs State of U.P. and Another

Dr. Harendra Sharma Vs State of U.P. and Another

Vindhyansini Mishra and 3 Others Vs State of U.P. and Another

Gulfam @ Gulfan Vs State of U.P. and Another

State of Up Vs Dev Prakash and 2 Others