Crl. Misc. No.M-9672 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-9672 of 2011 (O&M) Date of decision:- 04.04.2011 Balwant Singh ...Petitioner Versus State of Punjab and another ...Respondents. CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Maninder Arora, Advocate for the petitioners. RITU BAHRI J.(Oral) Counsel for the petitioner contends that the appeal filed by the petitioner has been allowed and the judgment of the trial Court has been set aside, vide order dated 21.12.2010, passed by Additional Sessions Judge, Fatehgarh Sahib (Annexure P11). The dispute relates to registration of F.I.R No. 22 dated 25.04.1996, registered at Police Station Sirhind after a period of more than 20 days of alleged offence. It has been held that this was a clear misuse of power by the police in order to help one of their own showing total disregard for rule of law. The version of the complainant is found to be highly suspicious. So, the accused/appellants have been acquitted of the charges framed against them. Counsel for the petitioner, in view of order dated 21.12.2010 (Annexure P11), seeks direction that the case property of Rs. 2 lac be released to him. He has made an application for releasing of the above said amount but the same was dismissed, vide order dated 20.07.2001 (Annexure P4) passed by ld. ACJM Hoshiarpur. Aggrieved against the order dated 20.07.2001, the petitioner filed the revision petition before the Sessions Judge, Hoshiarpur, which was also dismissed, vide order dated 15.01.2003 (Annexure P5). Crl. Misc. No.M-9672 of 2011 (O&M) -2- Aggrieved against the above said two orders (Annexures P 4 & P5), the petitioner approached this Court by way of Crl. Misc. No. 17883 M of 2003 whereby this Court allowed the petition (Annexure P6) and quashed the orders (Annexures P4 & P5) with the direction to the trial Court to pass a fresh order in accordance with the law and if any amount is shown to have been recovered from the petitioner the same be returned to the petitioner subject to the appropriate conditions. So, the petitioner moved an application (Annexure P7) before the trial Court with the prayer to release the amount of Rs. 2 lacs and passbook regarding account No. 2374, in pursuance of the order dated 18.10.2005 (Annexure P6). It had been further submitted that on the application of the petitioner, the report was sought from ASI Gurdeep Singh. On the basis of this report, the application of the petitioner was dismissed by the trial Court, vide order dated 08.07.2009 (Annexure P8). The petitioner again approached this Court in Crl. Misc. No. 23443 of 2010, which was dismissed vide order dated 18.08.2010 (Annexure P9) by holding that the similar matter relates to the occurrence, which is pending in the Court of Fatehgarh Sahib. Now vide order dated 21.12.2010 (Annexure P11), the appeal of the petitioner has been allowed and the conviction of the trial Court has been set aside and the accused persons have been acquitted and it has been held that prosecution has miserably failed to prove its case. In view of the above factual position, the petition is disposed of with a liberty to the petitioner to file an application before the trial Court, in view of the decision of this Court (Annexure P6) and it is further directed that the trial Court shall consider the application of the petitioner and dispose of it within four weeks from the date when the application was moved. April 04, 2011 ( RITU BAHRI ) G.Arora JUDGE