Allowed

Sumaiya v. State of Haryana and Another

Punjab & Haryana HC6 Nov 2023CRM-M/55587/2023

Case brief

AI extract

What is this about?

Petitioner sought release of a matured Fixed Deposit created for her welfare under Section 482 Cr.P.C. High Court issued directions to the Bank to release the amount and interest within 15 days as petitioner attained majority.

What did the court decide?

Direction to Respondent No.2-Bank to release the Fixed Deposit amount along with interest to the petitioner within 15 days.

Sumaiya Vs State of Haryana and Another — Punjab & Haryana HC (2023) — LawSathi Research

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CRM-M-55587-2023 (O&M) 1 2023:PHHC:140853

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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121

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CRM-M-55587-2023 (O&M) Date of Decision: 06.11.2023

Sumaiya

..... Petitioner

Versus

State of Haryana and another

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present : Mr. Waqar Ahmed Khurshid, Advocate for the petitioner.

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Mr. Bhupinder Singh, DAG, Haryana.

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KULDEEP TIWARI, J.(ORAL)

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The instant petition under Section 482 Cr.P.C. has been filed for issuance of direction to the respondent for releasing the amount of FDR No. 616390 dated 02.01.2015 i.e. for Rs. 50,000/- along with the interest upto date.

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Earlier this Court in CRM-M-20832-2014 and CRM-M-404302014 titled Sumaiya and another Vs. State of Haryana and others and Majid Vs. State of Haryana and others , respectively, passed the following directions upon Majid to make a fixed deposit of Rs. 50,000/- in the name of Sumaiya within 15 days. The extract of the directions issued by this Court vide order dated 22.12.2014 reads as under :-

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“This Court is of the view that this amount of gold was not sufficient.

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The petitioner is directed to make an FD of Rs. 50,000/in the name of Summaya within 15 days and after making the same, information shall be sent to this Court. Sumayya will

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SATYAWAN 2023.11.06 18:46 I attest to the accuracy and integrity of this document

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CRM-M-55587-2023 (O&M)

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2 2023:PHHC:140853

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accompany Majid-petitioner from the Court itself. However, respondent Nos. 4 and 5 can get this order recalled in case the aforesaid FD is not made in the name of Sumayya.

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Petitions stand allowed accordingly.

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Copy of this order be given to learned State counsel under the Signatures of Reader of this Court.”

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3 In compliance of the order dated 22.12.2014, the husband of the petitioner made an FD on 02.01.2015 in favour of the present petitioner, who was a minor at that time.

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Through the instant petition, the petitioner sought directions regarding the release of the FD amount, which stands matured, in her favour as she has attained the age of majority.

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Considering the fact that the amount was ordered to be deposited for the welfare of the present petitioner and now she has attained the age of majority, therefore, direction is issued to respondent No.2-Bank to release the amount of the Fixed Deposit (Annexure P-3) alongwith upto date interest in the account of the petitioner positively within a period of 15

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days from the date of receipt of copy of this order.

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Disposed of accordingly.

(KULDEEP TIWARI)

JUDGE

06.11.2023

Satyawan

Whether speaking/reasoned: Yes/No 2. Whether reportable: Yes/No

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SATYAWAN 2023.11.06 18:46 I attest to the accuracy and integrity of this document

Sumaiya v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

Sumaiya v. State of Haryana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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