RAKESH SINGHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 397 read with Sec. 401 of Code of Criminal Procedure against the order dtd. 6/2/2023 passed by Special Judge, Dacoity Act, District Gohad in MICR No.24/2023 whereby the application filed under Sec. 451 of Cr.P.C. was dismissed.

(2.) As per the prosecution story, on 18/1/2023 at around 12 noon, the petitioner while heading toward mandi from his home, for purpose of buying goods was stopped by two people by saying that since he had an accident with his mother two days back and she is admitted in hospital, so he has to pay the bills. Thereafter, some passing by friends of the petitioner, namely Pappu Mudgal, Bhupendra Singh and Kuldeep Rai were stopped by the petitioner. Later on while insisting the accused persons to come to mandi for settling the dispute, the accused persons started hitting the petitioner and his friends and put a weapon on the petitioner's stomach, other accused persons snatched the bag from the petitioner which had valuables including cash amounting to Rs.14,48,500.00 in it along with calculator and some documents. A Scorpio car came and the accused persons get in the car and fled away. Thereafter, the aforesaid crime was registered.

(3.) It is submitted by the counsel for the petitioner that the amount of Rs.14,48,500.00 recovered from the accused persons by the respondent be directed to be given to the petitioner.