Allowed

Sanjay Dhawan v. State

Andhra Pradesh HC25 Mar 2024CRLP/1005/2024

Case brief

AI extract

What is this about?

Accused acquitted in a CBI case sought return of Rs.2,00,000 seized cash marked as M.O.12 after the trial court declined citing pending appeal period. As no appeal was filed and limitation expired, the High Court directed the trial court to refund the cash within four weeks and allowed the petition.

What did the court decide?

Trial court directed to refund seized cash of Rs.2,00,000/- (M.0.12) to the petitioner within four weeks.

Sanjay Dhawan Vs State — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PFTITinM nq. jnn.i; nc

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Between:

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Sanjay Dhawan, S/o (Late) Suraj Prakash Dhawan , Aged 50 yrs, Occ; Businessman T-32 Rajouri Garden New Delhi.

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...Petitioner/Accused No.2

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AND

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State, Represented by Inspector of Police CBI Rep, by its Standing Counsel High Court of A.P at Amaravathi.

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■..Respondent/Complainant

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Petition under Section 482 r/w 457 of Cr.P.C is filed praying that in the circumstances stated i in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Direct the Trial Court i.e., Principal Special Judge for C.B.I Cases F.C.A. I Additional Special judge for CBI cases at Visakhapatnam to return the seized cash of Rs. 2,00,000/from the Possession of Petitioner/A-2 in R.C.No.07(A) 2001-CBI Visakhapatnam in CC No.09/2005, marked as M.0.12 in view of Acquittal as against the petitioner/A2 pending disposal of the main Criminal Petition.

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I.A. NO: 1 OF 2024

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Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an Order to Direct the Court below i.e, Principal Special Judge for C.B.I cases F.C.A., I Additional Special Judge for CBI Cases at Visakhapatnam to Return the Seized Cash of Rs.2,00,000/- from the Possession of Petitioner/A- 2 in R.C.No. 07(A) 2001CBI Visakhapatnam in CC No. 09/2005 marked as M.0.12 in view of Case Ended Acquittal as against the petitioner/A-2 pending disposal of the main Criminal Petition .

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri R Siva Sai Swarup ,Advocate for the Petitioner and Sri Dilip Jayaram S (Central Government Counsel) Advocate for the Respondent.

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The Court made the following: ORDER

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APHC010082002024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3327]

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(Special Original Jurisdiction)

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TUESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 1005/2024 Between:

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Sanjay Dhawan ...PETITIONER/ACCUSED

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AND

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State ...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.RSIVASAI SWARUP

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Counsel for the Respondent/complainant: 1.DILIP JAYARAM S (CENTRAL GOVERNMENT COUNSEL)

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The Court made the following:

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ORDER

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The Criminal Petition, under Section 482 Cr.P.C., has^beenfiled on behalf of the petitioner/A2, to quash the order^dated 16.12.2020 passed in Crl.M.P.No.314 of 2020 in C.C.No.9 of 2005^{onthefileofthe} I Additional Special Judge for C.B.I. Cases at Visakhapatnam.

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The petitioner is shown as accused No.2 in C.C.No.9^of2015on the file of the learned I Additional Special Judge^{forC.B.I.Casesat} Visakhapatnam. By judgment dated 12.11.2019, the learned I Additional Special Judge for C.B.I. Cases at Visakhapatnam^acquitted

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the accused No.l to 4 by observing that the cash of Rs.2,00,000/which was seized from the residence of petitioner shall^berefundedto him, after the appeal time is over. Since the said^amountwas not returned back to the petitioner herein, the petitioner has filed Crl.M.P.No.314 of 2020 in C.C.No.9 of 2005 on the file of the learned I Additional Special Judge for C.B.I. Cases at Visakhapatnam.^Videthe impugned order dated 16.12.2020, the learned I Additional Special Judge for C.B.I. Cases at Visakhapatnam has observed^asunder:

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Accordingly, it can be understood that the material objects marked in the trial of the criminal cases, plays an important roie even after the conclusion of the trial^incase of pending appeal. Any sought of intermeddling with^the same may in all possibilities is against the procedure. Hence it can be concluded that pending appeal, this^court is bared from looking into the relevancy and necessity^of material objects marked during the trial, in disposal^ofthe appeal and is not permitted to return the case property^as per the provisions of Section 452(4). Therefore, in^viewof the above discussion this Court is of the opinion that^the petition on hand sans merits and is liable to be dismissed.

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Against the said order, the petitioner has filed the present Criminal Petition under Section 482 Cr.P.C. 3. The respondents have filed counter affidavit stating that the petitioner has been arrayed as A2 in the said case. After conducting full

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length trial, the Court vide judgment dated 12.11.2019 acquitted the petitioner herein and others. It is further stated that the respondent Central Bureau of Investigation has not preferred any appeal as against the acquittal of A2 and the limitation period also expired on 17.01.2020.

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Heard the learned counsel for the petitioner and the learned counsel for respondent/CBI.

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In view of the submissions made by learned counsel for the respondent and since no appeal has been preferred against the judgment dated 12.11.2019, this Court feeis that there is no reason to Withhold the cash of Rs.2,00,000/- which was admittedly seized from the residence of the petitioner herein.

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In view of the said reasons, the M.0.12 i.e. cash of Rs.2,00,000/-, shall be refunded in favour of the petitioner herein within a period of four (4) weeks from the date of receipt of a copy of the order.

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Accordingly, the Criminal Petition is allowed.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

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SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR

//TRUE COPY//

To,

/.^S^TION OFFICER

The Principal Special Judge for C.B.I Cases and I Additional Special

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judge for CBI cases, Visakhapatnam.

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The Station House Officer, CBl, Visakhapatnam, Visakhapatnam District.

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One CC to Sri. R Siva Sai Swarup, Advocate [OPUC]

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One CC to Sri. Dilip Jayaram S, (Central Government^Counsel) [OPUC]

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Three CD Copies VNA

HIGH COURT

DATED; 26/03/2024

ORDER

CRLP.No.1005 of 2024

ALLOWING THE CRLP

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Sanjay Dhawan v. State

Case brief

What is this about?

What did the court decide?

Sanjay Dhawan v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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