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Judgment
11 paragraphs · 377 wordsDeepak Kumar Agarwal, J
The present petition under Section 397 read with Section 401 of Code of Criminal Procedure against the order dated 06.02.2023 passed by Special Judge, Dacoity Act, District Gohad in MICR No.24/2023 whereby the application filed under Section 451 of Cr.P.C. was dismissed.
As per the prosecution story, on 18.01.2023 at around 12 noon, the petitioner while heading toward mandi from his home, for purpose of buying goods was stopped by two people by saying that since he had an accident with his mother two days back and she is admitted in hospital, so he has to pay the bills. Thereafter, some passing by friends of the petitioner, namely Pappu Mudgal, Bhupendra Singh and Kuldeep Rai were stopped by the petitioner. Later on while insisting the accused persons to come to mandi for settling the dispute, the accused persons started hitting the petitioner and his friends and put a weapon on the petitioner's stomach, other accused persons snatched the bag from the petitioner which had valuables including cash amounting to Rs.14,48,500/- in it along with calculator and some documents. A Scorpio car came and the accused persons get in the car and fled away. Thereafter, the aforesaid crime was registered.
It is submitted by the counsel for the petitioner that the amount of Rs.14,48,500/- recovered from the accused persons by the respondent be directed to be given to the petitioner.
Counsel for the State opposed the prayer.
Heard learned counsel for the rival parties.
In view of the aforesaid, this Court is of the considered opinion that the Court below did not take into consideration that keeping the cash in the police station for a long period is of no use. The court below ought to have passed appropriate orders for return of the cash.
Accordingly, impugned order dated 06.02.2023 passed by Special Judge (Dacoity) Gohad, District- Bhind (M.P.) in M.JCR No.24/2023 whereby the application seeking Supurdugi of seized cash amounting to Rs.14,48,500/- are hereby set-aside.
It is directed that on furnishing the security in the sum of Rs.5,00,000/-(Rupees Five Lac Only) to the satisfaction of the JMFC/CJM concerned, the aforesaid cash be released on Supurdginama.
With the aforesaid directions, this petition under Section 482 of Cr.P.C. stands allowed.
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