Disposed

Mahaveer Prasad S/O Pyarelal, v. State of Rajasthan

Rajasthan HC12 Mar 2024CRLMP/1100/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a Criminal Miscellaneous Petition challenging the dismissal of an application for release of seized funds. The court directed the petitioner to obtain an NOC from the Income Tax Department before filing a fresh application for interim release of the amount.

What did the court decide?

Petitioner directed to approach Income Tax Department for NOC before filing fresh application for release of funds.

Mahaveer Prasad S/O Pyarelal, Vs State of Rajasthan — Money Laundering | Rajasthan HC (2024)

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[2024:RJ-JP:12359]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1100/2024

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Mahaveer Prasad S/o Pyarelal, R/o Sherganjkesamne, Badi, Police Station Badi Dholpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Laxman Meena, PP.

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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12/03/2024

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Petitioner has filed this Criminal Miscellaneous Petition under Section 482 Cr.P.C, feeling aggrieved vide order dated 05.02.2024 passed by the Chief Judicial Magistrate, Dholpur dismissing the application of petitioner filed under Section 457 Cr.P.C. and denying to deliver the cash amount to Rs.32 lac to the petitioner on account of pending investigation before the Income Tax Department.

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Counsel for the petitioner has contended that cash amount from petitioner to the tune of Rs.32 lac was seized by the police on 08.09.2023 invoking powers under Section 102 Cr.P.C. Counsel further submits that the petitioner withdrew this amount from his Bank Account No.628705501194 from ICICI Bank on 02.09.2023 and the petitioner has complete details to prove the source of this amount with him as well as he is ready to submit explanation before the Income Tax Department, but the Income Tax

(2 of 2)

[2024:RJ-JP:12359]

[CRLMP-1100/2024]

Department did not submit the report before the trial court despite of summoning the report repeatedly.

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Heard and considered.

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In such view of the matter, it is open for the petitioner to approach before the Income Tax Department to obtain NOC in respect of his amount of Rs.32 lac and thereafter, the petitioner is at liberty to move a fresh application before the concerned Magistrate. It is hereby observed that if any such fresh application along with NOC of the Income Tax Department is filed by petitioner, the concerned Magistrate shall decide the application without being influenced by the impugned order.

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Accordingly, the petition stands disposed of and other pending application/s, if any, also stand/s disposed of.

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(SUDESH BANSAL),J

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AS/444

Mahaveer Prasad S/O Pyarelal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahaveer Prasad S/O Pyarelal, v. State of Rajasthan

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

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