Court No. - 54
Case :- APPLICATION U/S 482 No. - 21189 of 2019 Applicant :- Pushpendra Sharma Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Saif Ali Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and also learned Additional Government Advocate.
By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to quash the order dated 10.5.2019 passed by the learned Judicial Magistrate, Iglas, Aligarh whereby release application moved on his behalf in Case No.262 of 2019 (State Vs. Mana @ Manvendra), under Sections 392,411 IPC, P.S. Iglas, District Aligarh has been rejected.
It is submitted by the learned counsel for the applicant that the petitioner has lodged an FIR on 14.11.2018 under Section 379 IPC against some unknown persons in respect of loot of his bag from his swift car in which Rs.4,05,220/- were kept which was registered as Case Crime No.769 of 2018. Pursuant to that FIR, the investigating officer swung into action and arrested five persons along with looted articles.
It is further submitted that the memo of various papers was prepared in respect of the firearm weapons and looted money recovered at the instance of accused persons. From the report of Police Station Iglas, Aligarh, it transpires that the police had recovered Rs.100000/- at the instance of the accused persons which has been deposited in the Malkhana on 11.12.2018. Prior to that, the applicant had moved an application for release of Rs.100000/- which were allegedly recovered by the police from the accused persons. The aforesaid application was moved on 5.12.2018 in respect of which the report was called for from the concerned police station who had admitted that loot of Rs.4,05,220/- was made from the complainant-applicant by the accused persons but the money which has been deposited in the Malkhana should not be released in favour of the applicant as it is a case property. Pursuant to the report, the court below has passed the order impugned holding that the case property can only be released in favour of the complainant-applicant on proof of his ownership after recording evidence.
It is further submitted that the recovery memo itself shows that no separate memo of was prepared in respect of remaining looted amount by the police and it has been deposited in the Malkhana. Learned court below has failed to look this aspect and has passed the order impugned in a cursory manner refusing to release the alleged amount treating it to be a case property. Hence the court below may be directed to pass an appropriate order on the application in respect of release of the money moved by the applicant afresh.
Having regard to the facts and circumstances of the case, since the release application will be decided after taking evidence as such the learned Magistrate shall pass an appropriate order in this regard on the basis of the evidence available on record in respect of release of the recovered money within two months from the date of production of a certified copy of this order.
With the above observations, the application is disposed of.
Order Date :- 29.5.2019 M. Tariq