WASEEM RIAZ Vs. STATE OF U. P.

JUDGEMENT

(1.) The present application under Sec. 482 of The Code of Criminal Procedure (hereinafter referred as "Cr.P.C") has been filed for quashing the order dtd. 1/7/2024 passed by Additional Sessions Judge/Special Judge (POCSO Act), Court No. 2, Varanasi, in Criminal Revision No. 422 of 2022 (Waseem Riaz vs. State of U.P.) whereby the Revisional Court affirmed the order dtd. 13/10/2022 passed by Additional Civil Judge (Senior Division)/Judicial Magistrate, Court No. 2, Varanasi on an application under Sec. 457 read with Sec. 451 of Cr.P.C for release of the Indian currency of Rs.1,87,00,000.00, which was seized during the investigation of Case Crime No. 46 of 2022, under Ss. 419, 420, 406, 120-B, 411, 467, 468, 471 of I.P.C. registered on 21/4/2022 at Police Station Chetganj, District Varuna (Commissionerate Varanasi) filed by the present applicant on behalf of his father after having authority, which has been dismissed.

(2.) Brief facts as culled out from the record are that the applicant filed an application under Sec. 457 read with Sec. 451 of Cr.P.C. for release Indian Currency Rs.1,87,00,000.00 which has been recovered and seized during investigation of Case Crime No. 46 of 2022 registered at Police Station Chetganj, District Varuna (Commissionerate Varanasi) from co accused Sachin Sharma. As per the recovery memo dtd. 28/4/2022, Indian currency has been recovered in denomination of Rs.2000.00, Rs.500.00, Rs.200.00, Rs.100.00 as 983, 33088, 600 and 700 respectively stating that the applicant is the real owner of the aforesaid case property.

(3.) The Learned Magistrate observed that the present Indian currency is a case property of the aforesaid Case Crime. However, observed that the applicant is real owner of the seized Indian currency. There is no dispute with regard to the ownership of the aforesaid currency. As per pre summoning evidence (statement of first informant), the first informant collected the aforesaid amount on behalf of father of the applicant.