DHEERAJLAL M KOTHARI Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Gupta, J. On 27th September, 1991 at 11. 30 a. m. the applicant of this petition under Section 482, Crpc lodged an FIR against two unknown persons under Section 392, IPO at P. S. Aliganj, Lucknow being crime No. 413 of 1991 alleging that on 27-9-1991 at 10. 45 a. m. when the applicant was going to Bank of India situated on Kapurthala crossing for depositing Rs. 2,00,000 in cash there and when he was going through stairs he was pushed down by two unknown persons and in the process those two unknown persons ran away with the bag containing the said cash. The applicant was able to get hold of spectacles and some paper of one of those disentwined persons contain ing identity card with photo. During the course of investigation Rs. 63,000 were recovered which is now the case property.

(2.) ACCORDING to learned counsel for the applicant although four years have passed but even charges have not been framed in the case. The applicant moved an application before learned Magistrate for release of the recovered money i. e. Rs. 63,000 which has been rejected by learned Magistrate vide its order, dated 22-9-1993 against which this revision has been preferred.