MITHILESH KUMARI JAIN Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioners by this petition seek a writ of mandamus directing the respondent to release the assets mentioned in an order dated February 16, 1993 (annexure "1" to the writ petition).

(2.) THE facts, in brief, are that on September 20, 1990, a first information report was lodged at Police Station, Nauchandi, District Meerut (registered as Crime No. 411 of 1990), under Section 7/13(1)(d) of the Prevention of Corruption Act, 1988, against petitioner No. 3 with the allegation that the said petitioner had accepted an amount of Rs. 10,000 as illegal gratification. In an order dated March 18, 1993 (annexure-2 to the writ petition), this court said :

(3.) HOWEVER the respondent refused to deliver the cash and jewellery to the petitioners saying :