SAVITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THROUGH this application the petitioner herein seeks to invoke the Court 'sjurisdiction under Section 482 Cr.P.C. for quashing of order dated 24.11.2007 passed by Sri Kamal Kishore Sinha, learned Presiding Judge, Fast Track Court No. Ill, Patna, in Cr. Revision No. 663 of 2007, whereby while rejecting the revision application he has upheld the orders dated 21.8.2007 and 12.9.2007 passed by Sri Ajay Kumar Srivastava, learned Judicial Magistrate 1st Class, Patna, whereunder he has rejected the petition filed by the petitioner for release of Government currency worth Rs. 1,29,300/ - recovered by the police in connection with Kadam Kuan (Kankar Bagh) P.S. Case No. 572 of 2006.

(2.) THE prosecution case in brief is that petitioner, Savita Devi, submitted a written report before the Kankar Bagh Police Station or 4.7.2006 alleging inter alia that she alongwith her husband Kamaldeo Prasad had gone to the Kankar Bagh Branch of Punjab National Bank and withdrew Rs. 1,90,000/ - for necessary work and the same was kept in a red bag and as they proceeded on a motorcycle, a black coloured motorcycle came near and snatched the red bag containing Rs. 1,90,000/ - as also the bank pass book and fled away towards the south. It is said that all the Government currency were in notes of Rs. 1000/ -. It appears that on the basis of the said written report the aforesaid Kadam Kuan P.S. case was registered under Section 379. I.P.C. to which Section 411 I.P.C. was added subsequently on recovery of a part of the aforesaid money. It further appears that in course of investigation on 10.7.2006 three persons in suspicious condition were apprehended near the said bank and from their possession a sum of Rs. 4,300/ - was recovered and on confessional statement of apprehended accused Bikki Kumar Yadav, the police raided Room No. 112 of Shanti Hotel near Veena Cinema Hall and recovered Rs. 1,25,000/ - and two seizure lists for a total sum of Rs. 1,29,300/ - was prepared. It further appears that the husband of the petitioner identified the accused persons at the T.I. Parade conducted in Phulwarisharif Jail on 28.7.2006. Thereafter two petitions by the petitioner were filed on 14.7.2006 and 17.7.2006 respectively for release of the said money and a report was called for from the Kankar Bagh P.S. by the learned Chief Judicial Magistrate, Patna. The police through its report dated 22.7.2006 informed that the said amount can be released in favour of the petitioner. This was followed by a report which was called for from the Public Prosecutor and the Public Prosecutor through his report dated 22.7.2007 also agreed that the said amount could be released in favour of the petitioner. However, the learned Magistrate in seisin of the case by his orders dated 21.8.2007 and 12.9.2007 without considering the facts and circumstances of the case rejected the prayer for release of the seized amount of Government currency in favour of the petitioner and the same was approved by the learned Presiding Judge, Fast Track Court No. Ill, Patna, by his order dated 24.11.2007 passed in Criminal Revision No. 663 of 2007.

(3.) IT would be apparent from the impugned orders that the only materials which weighed with the two Courts below was that the Government currency seized are the only Exhibit of this case and that only after closing the prosecution evidence the petition for release thereof would be considered.