STATE OF MANIPUR Vs. KHUMALLABAM KULACHANDRA SINGH

JUDGEMENT

(1.) This appeal under section 454 of the Code of Criminal Procedure, hereinafter the Code, is from the order dated 5.1.1994 passed by Shri H. Kamini Kumar Singh, Special Judge, Manipur East, in Criminal Misc. Case No. 36193 of Special Trial Case No. 10 of 1985/14 of 1991 allowing the accused respondent to with draw the money which he deposited is SB Account No. 8849 of Manipur State Cooperative Bank at Imphal.

(2.) So far as the accused respondent is concerned, the prosecution case in short was this: By committing fraud on the Government the accused respondent obtained a bank draft, bearing Code No. 0092 H 779006, for Rs. 1,00,000/- and deposited that bank draft in his SB Account No. 8849 of Manipur State Cooperative Bank, Imphal, on 11.2.1982. After the deposit he withdrew part of the amount; so the balance which remained is Rs. 33,000/- only.

(3.) The I/O did not seize the pass book from the respondent; but seized the relevant paper from the Bank. He submitted a charge sheet u/s 465/420/ 471 I.P.C. against the respondent. The case was registered as Special Trial Case No. 10/85/14/91 in the Court of Special Judge, Manipur, who thereupon framed charge under the said sections. During trial of the case, respondent wanted to withdraw the remaining balance of Rs. 33,000/ but the bank then told him that the Superintendent of Police had directed them not to allow the withdrawal unless he (respondent) obtained permission from the trial court. Respondent then filed application before the trial court praying for permission to withdraw. Relying on a decision of certain High Court reported in (I) Crime at page 525 which was placed by defence counsel, the trial court passed the impugned order giving him the permission to withdraw. Hence this appeal by the prosecution.