ANIS Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) HEARD Shri Ashutosh Tripathi, learned counsel for the applicant and the learned A.G.A. for the State. Notice was issued to opposite party No. 2 but the office report dated 25.8.2007, shows that notice has not returned back after service and for the reasons mentioned hereinafter, there is no need to issue fresh notice to the opposite party No. 2 and the matter is being decided finally.

(2.) THE present application under Section 482, Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 14.9.2005 passed by the Additional Chief Judicial Magistrate, Northern Railway, Ghaziabad in Case No. 2275 of 2004, State v. Anis and others, under Sections 379/411, I.P.C., Police Station G.R.P., District -Ghaziabad whereby the court below has allowed the release application of the informant/complainant and released the currency note recovered in the matter in favour of the informant/complainant.

(3.) IT is submitted by the learned counsel for the applicant that the applicant had moved an application to release the amount in his favour prior to moving of the application by the informant which is pending before the court concerned and without disposing of the application moved by the applicant, release order was passed on the application moved by the informant. No opportunity of hearing was given to the applicant.