THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5977 of 2025

ORDER:

This criminal petition is filed seeking quash of order dated 31.01.2025 in Crl.R.P.No.236 of 2024 on the file of Sessions Judge, Hyderabad against the order dated 25.11.2024 in Crl.M.P.No.1328 of 2024 in Crime No.502 of 2022 on the file of II Additional Chief Judicial Magistrate, Hyderabad which directed respondent No.2 to deposit an amount of Rs.19,50,000/-.

2. Learned counsel for the petitioner would submit that Crime No.502 of 2022 dated 22.10.2022 was registered on the file of Afzalgunj Police Station under Section 102 of Code of Criminal Procedure(‘Cr.P.C’ for brevity), where the police have seized cash for a sum of Rs.42,00,000/- from accused No.1, Rs.19,50,000/-, from accused No.2, Rs.2,00,000/- from accused No.3 total amounting to Rs.63,50,000/- from Accused Nos.1 to 3 in the presence of Panchas vide Panchanama where A1 has revealed that he is assisting to one Jog Singh who is running Hawala business and as per the instructions Kanthi Lal has to receive and send the hawala money to the customers and also they have associated with hawala business persons like Kishore Singh and others, on 22.10.2022 at around 22.30 hours. A1 on instruction of Jog Singh received an amount of Rs.42,00,000/- from Pep Singh in which Rs.40,00,000/- has to be handed over to Fareed and Rs.2,00,000/- to Sandeep Singh and Kanthi Lal also received an amount of Rs.19,50,000/- from Kishore Singh which he brought from Dilip. Further on enquiry Fareed revealed that he came to collect cash of Rs.40,00,000/- from Kanthi Lal on the direction of his owner Md.Omer and also Sandeep revealed that he came to collect cash of Rs.2,00,000/- on the directions of his friend by name Lateef. On further enquiry on question of any evidence of having such huge amount with them, they were failed to produce proper documents and the said money has been seized by the police.

3. While investigation is pending, a writ petition is filed before this Court vide W.P.No.41666 of 2022 by one Jog Singh Raj Purohit where this Court vide order dated 16.11.2022 had passed interim direction in I.A.No.1 of

2022 directing the learned II Additional Chief Metropolitan Magistrate, Nampally, Hyderabad to release the seized the cash to petitioner on the condition of petitioner furnishing security for a sum of Rs.1,00,000/-, by way of Fixed Deposit. Aggrieved by the said order dated 16.11.2022, petitioner has filed I.A.No.1 of 2023 in the said writ petition and this Court has observed that there is a dispute regarding the ownership of the cash and this Court was not inclined to pass any orders in the said application. However, the petitioner is given liberty to file petition under Section 451 read with Section 457 of Code of Criminal Procedure, 1973 seeking release of an amount of Rs.19,50,000/- before learned II Additional Chief Metropolitan Magistrate Court, Nampally, Hyderabad. On such application being filed, the trial Court shall pass orders within a period of ten (10) days from the date of filing of such petition.

4. Accordingly an application was filed by the petitioner in Crl.M.P.No.1328 of 2024 in Crime No.502 of 2022 on the file of II Additional Chief Judicial Magistrate at Hyderabad. The said Court vide its order dated 25.11.2024 has directed respondent No.2 to deposit an amount of Rs.19,50,000/- before the said Court by 30.11.2024, out of the claimed amount of Rs.63,50,000/- as per the undertaking given by him at Para No.3 of petition in Crl.M.P.No.1678 of 2022 dated 01.11.2022 and accordingly the petition was allowed on condition. Thereby challenging the said order the Crl.R.P.No.236 of 2024 has been filed by respondent before learned Sessions Judge, Hyderabad and the said Court vide its order dated 31.01.2025 has allowed the same by setting aside the order dated 25.11.2024 by giving various reasons. Aggrieved by the said order, the present criminal petition has been filed. 5. Learned counsel for the