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2019 Supreme(Del) 2415

CHANDER SHEKHAR
Muktaben M. Mashru – Appellant
Versus
State NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Soajib Qureshi, Mr. S. Shriram, Ms. Nidhi Mohan P.
For the Respondents: Mr. Mukesh Kumar, Mr. Ajay Burman, Ms. Nishi Chaudhary, Ms. Sadhvi Gaur, Mr. Rajeshwar.

JUDGMENT :

CHANDER SHEKHAR, J.

1. The petitioner has assailed the order dated 2.8.2018 passed by learned Additional Sessions Judge, Dwarka Court, New Delhi (hereinafter to be referred as ‘impugned order’) whereby the learned Additional Sessions Judge has set aside the order dated 17.3.2018 passed by the learned Metropolitan Magistrate.

2. The learned Metropolitan Magistrate, Dwarka Courts, vide order dated 17.3.2018 allowed the application filed by the petitioner and directed the Investigating Officer (IO) to defreeze the accounts of the petitioner Muktaben which had been seized/debit-freezed by the concerned I.O. under Section 102 of the Code of Criminal Procedure, 1973 (“Cr.P.C”) and dismissed the application filed by respondent No. 2 praying for release of case property i.e. money lying in the bank accounts debit freezed by the IO during investigation.

3. Aggrieved by the order of the learned Metropolitan Magistrate, the respondent No. 2 filed a criminal revision petition, which was allowed by the learned Additional Sessions Judge vide the impugned order, whereby the order of the learned Metropolitan Magistrate was set aside and the matter was remanded back to the trial Court to dec

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