Baljit Singh vs State of Haryana and Another

Daya Chaudhary, J.—The present petition u/s 482 Code of Criminal Procedure has been filed on behalf of Baljit Singh for issuing directions to Chief Judicial Magistrate, Kurukshetra, to refund an amount of 25,000/-, which was deposited in case FIR No. 36 dated 28.1.1998 registered under Sections 406, 409, 420, 381/34 IPC at Police Station Ismailabad vide FDR No. SD/A/39 051475 dated 18.3.1998.

Learned Counsel for the Petitioner submits that in compliance of order passed by this Court on 5.3.1998 in Crl. Misc. No. 4556-M of 1998, while granting anticipatory bail to the Petitioner, an amount of 25,000/-was ordered to be deposited with the lower Court. Learned Counsel further submits that the Petitioner was convicted by the trial Court but subsequently he was acquitted by appellate Court in Crl. Appeal No. 55 of 2007/2008 vide order dated 8.8.2008.

Learned Counsel for the Respondent-State has also not controverted the submissions made by learned Counsel for the Petitioner.

In view of the submissions made by learned Counsel for the parties, the present petition is disposed of with a direction that in case the Petitioner files an application for refund of the aforesaid amount before Chief Judicial Magistrate, Kuruskhetra within a period of four weeks from the date of receipt of copy of the order, the same shall be refunded to him.