PRADEEP SUNTA Vs. STATE OF H.P.

JUDGEMENT

(1.) Instant petition has been preferred by petitioner against rejection of his application filed under Section 451 Cr.P.C., for release of case property i.e. currency notes of Rs.35,500/- taken in possession by police after recovery thereof, at the instance of respondent No.2/accused, in case FIR No. 167 of 2018 registered under Sections 457 and 380 IPC in P.S. Dhalli, by petitioner/complainant against respondent No.2/accused.

(2.) Case of petitioner is that respondent No.2 had stolen Rs.35,500/- from his pocket, and that the amount received by him from a wholesaler (Aadti) at Dhalli against sale of his apple boxes and the said amount i.e. 17 currency notes of Rs.2000/- and 3 currency notes of Rs.500/-, was recovered by police at the instance of respondent No.2/accused on 24.8.2018 and kept in sealed cover by preparing recovery memo in the presence of witnesses Prem Kumar and C.Mukesh Kumar.

(3.) It is submitted on behalf of petitioner that petitioner/complainant is a very poor man and amount is lying with police without earning any interest thereon, resulting in recurring loss to him and also that amount was annual yield of his horticulture produce and he is being deprived from utilization thereof.