SUNIL KUMAR VERMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned slate of Counsel.Applicant Sunil Kumar Verma sb Khakhanu Prasad Verma, resident C.K. 63/213 Chhoti Pipari, P.S.Was in Mewa, Chowk, Varanasi has filed this revision against order dated 22.9.93. passed by V.K.Srivastava, VIII Metropolitan Magistrate, Kanpur Nagar in Crime No. 326 of 1993, P.S.G.R.P.Kanpur, u/s 406 /412 I.P.C. By the above mentioned order learned VIII Metropolitan Magistrate,Kanpur Nagar has rejected the application of the applicant for release of sum of Rs. 1,00,000/- inhis favour.

(2.) It appears that the applicant lodged an F.I.R. at P.S. G.R.P. Kanpur on 16.7.1993 at 2.15 P.M. against one Subhash Chandra Gupta with the allegations that on 10-7-1993 Subhash Chandra Gupta had taken away this amount belonging to the applicant, kept in brief case in the course of journey at Kanpur Central Railway Station. Sub hash Chandra was arrested and a sum of Rs. 1,00,000/- as recovered Subhash Chandra Gupta applied for bail and he was released on bail by the order dated 22.7.93 of the in charge Sessions Judge, Kanpur Nagar. A copy of the order of the in charge sessions Judge, Kanpur Nagar is annexed as Annexure - 3 to the affidavit filed in support of the revision. A perusal of the order goes to show that the stand taken by the accused was that the amount given to him for being kept becomes the police was making checking. It thus appears that the accused is not claiming this money.

(3.) The state has filed a counter affidavit of Sohan Lal, Sub Inspector, P.S.G.R.P., Kanpur Central. The only objection taken in the counter affidavit is that certain slips are there pasted on the bundles of the currency notes on which there are some identification marks and in case the money is returned to the applicant these valuable evidence will disappear and the return of the amountwill weaken the prosecution once.