DINESH KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, Dinesh Kumar Gupta, has preferred this revision petition challenging the legality, propriety and correctness of the order dated 6.12.2005 passed by Shri M.C. Narayan, Judicial Magistrate. 1st Class, Dhanbad in G.R. Case No. 2822 of 2002 arising out of Govindpur Barwadda P.S. Case No. 204 of 2002 whereby and whereunder the Court below was pleased to release only Rs. 45,000/ - out of total seized amount to the tune of Rs. 2,56,650/ -.

(2.) THE petitioner had earlier moved for similar relief for the release of entire seized amount in Cr. M.P. No. 629 of 2003 in the Court, which was dismissed as withdrawn by a Bench of the Court on 27.2.2004 with liberty to the petitioner to move before the Court below for release of the seized amount after conclusion of the trial. Pursuant to that, the petitioner moved for release of the said amount, total to the tune of Rs. 2,56,615/ - but by the impugned order only Rs. 45,000/ - was released and hence the present Cr. Revision application.

(3.) ON the same day, i.e. 28.10.2002, as submitted by the learned Counsel for the petitioner, restatement of the informant was recorded under Section 161 of the Code of Criminal Procedure around 16.00 hours and in such statement the informant made an important revelation before the police that he was informed telephonically by the petitioner that proprietor of M/s. Arihant Agency, Mihijam namely Mr. Rajesh Kumar had made over a sum of Rs. 2,20,000/ - to the accused - cleaner, Jeetu Oraon while the informant -driver and co -driver Munna Singh had been to Jharia and in this mariner the accused Jeetu Oraon had run away with a total sum of Rs. 2.65.000/ -(Annexure -2). The co -driver, Munna Singh in his statement under Section 161 of the Code of Criminal Procedure before the police made a similar statement revealing that accused. Jeetu Oraon had run away with a total sum of Rs. 2.65.000/ -. The police on such revelation proceeded to investigate and was able to nab the accused Jeetu Oraon on 20.10.2002. A sum of Rs. 2.56,650/ - was recovered on search of his person to which a seizure list was prepared (Annexure -8).