Back
ANIL KUMAR CHOUDHARY
Kanchan Ojha @ Kanchan Kumar Ojha S/o Ashrfi Ojha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 12.04.2022 passed by the learned Additional Chief Judicial Magistrate, Ranchi in Misc. Criminal Application No. 474 of 2022 arising out of Sadar P.S. Case No. 578 of 2019, corresponding to G.R. No. 861 of 2020 by which the order for release of the cash amount of Rs.2,57,87,680/- to transfer the same in the account of SIS Cash Services Private Limited is disposed of as rejected.
3. Learned counsel for the petitioner drawing attention of this Court to the order passed by a coordinate Bench of this Court in Cr.M.P. No. 892 of 2021 dated 10.01.2022, a copy of which kept at Annexure-13 at page no. 151-153 of the brief submits that an amount of Rs.4,07,53,000/- was looted while transaction of the said cash was being done by the SIS Cash Services Private Limited and for that FIR was lodged and in the first instance, a sum of Rs.2,57,87,680/- was seized by police which has been kept in the safe custody of State Bank of India, Kutchery Branch, Ranchi. Drawing attention of th
A writ petition for the release of seized money can be granted if ownership is established and the State has no objection, provided an indemnity bond is furnished.
Property seized in relation to a crime must be released to lawful owners unless substantiated otherwise.
Money belongs to the organization in view of the silence maintained by the petitioner in claiming the said amount either during the trial or in his statement made under Section 342 of Cr.P.C.
The main legal point established in the judgment is the requirement for compliance with statutory procedures, particularly in the context of the seizure of property under Section 102 of the Criminal ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
