Criminal Misc. Petition filed to modify an order refusing release of seized funds. Court disposed of petition granting liberty to file a fresh application under Section 451 CrPC before the trial court.
Petition disposed of with liberty to file a fresh application under Section 451 CrPC before the trial court.
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[2024:RJ-JP:32805]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 618/2020
Ghanshyam Sharma S/o Sitaram Sharma, R/o Ab 53 Sector-1 Saltlake, Kolkata, Ps Vidhan Nagar, District North 24, Pargana, Kolkata, 700064.
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Manjeet Kumar For Respondent(s) : Mr. Chandragupt Chopra, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order
01/08/2024
This Criminal Misc. Petition has been filed by the petitioner under Section 482 CrPC for modification of the order dated 11.05.2018 passed by Additional Session Judge No. 2, Tijara District Alwar in criminal case No. 83/2017, whereby the trial Court on the application filed by the petitioner under Section 451 CrPC has refused to release the amount of Rs. 12,00,000/- in favour of the petitioneron supurdagi.
Learned counsel for the petitioner submits the trial Court while partly dismissing the application under Section 451 CrPC observed that after recording the evidence of the complainant and witnesses of recovery, order with regard to releasing the amount of Rs. 12,00,000/- will be passed on Supurdagi. Learned counsel for the petitioner further submits that the trial Court has recorded the statement of complainant and other witnesses, hence, the
(2 of 2) [CRLMP-618/2020]
[2024:RJ-JP:32805]
order dated 11.05.2018 passed by the trial Court be modified and the amount of Rs. 12,00,000/- be released in his favour on supurdagi.
Learned Public Prosecutor appearing for the State has opposed the same.
Taking into consideration the facts and circumstances of the case and more particularly in view of the submission of counsel for the petitioner that the statement of the complainant and other witnesses have been recorded by the trial Court, the petition filed by the petitioner is disposed of with liberty to the petitioner to file a fresh application under Section 451 CrPC before the trial Court.
(NARENDRA SINGH DHADDHA),J
Tahir/414
1 issue framed by the court
Whether the impugned order refusing release of seized money should be modified allowing fresh application.
2 provisions across 1 enactments
Ghanshyam Sharma
State Of Rajasthan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
