Crl. Misc. No. M-23443 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-23443 of 2010 (O&M) Date of Decision: August 18, 2010 Balwant Singh ........Petitioner Versus State of Punjab and another .......Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Manohar Dadwal, Advocate for the petitioner. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the order dated 8.7.2009 passed by Additional Chief Judicial Magistrate, Hoshiarpur whereby the application for releasing the amount of Rs.2 lacs as well as passbook regarding the account no.2374 was dismissed and further issue the direction to respondent State to release the amount of Rs. 2 lacs alongwith interest @ 12% p.a. and respondent no.2 may also be directed to release the amount in the account no.2374 of Satnam Singh son of the petitioner since the amount has been seized by the prosecution while taking into custody to the son of the petitioner namely Satnam Singh at the time of registering the FIR No.88 dated 6.4.1996, under Sections 392,354,506,34 of Indian Penal Code. The petitioner was discharged in the FIR in question vide order dated 7.6.1996 (Annexure P-3). The petitioner moved an application for release the amount of Rs.2 lacs. The said application was dismissed by the Crl. Misc. No. M-23443 of 2010 (O&M) 2 trial Court vide impugned order dated 8.7.2009. Hence, the present petition. After hearing the learned counsel for the petitioner, I am of the opinion, that no ground for interference by this Court is made out. The trial Court while dismissing the application in paras 2 and 3 has held as under :- “ 2. Report of the prosecution was sought. ASI Gurdeep Singh made report that in the said case FIR no.88 dated 6.4.96, under Sections 392,354,506 read with Section 34 of Indian Penal Code, that from the possession of Satnam singh, currency notes of Rs.100000/- and one passbook of State Bank of patiala, were recovered. It is further stated in the report that regarding the said occurrence, another related matter is pending in the court at Fatehgarh Sahib and the case property above referred was produced in the court at Fatehgarh Sahib and then it was deposited in the Treasury. 3. Keeping in view the report made by the prosecution, I do not deem it appropriate to release the above said case property to the applicants because according to report made by the prosecution, the matter related to the occurrence is pending in the court at Fatehgarh Sahib and case property was also produced there. So, this court is not having any jurisdiction to release the case property on Sapurdari. Accordingly, application moved by the applicants Satnam Singh and others, stands dismissed.” Crl. Misc. No. M-23443 of 2010 (O&M) 3 The reasons given by the trial Court while dismissing the application are sound reasons. Hence, no ground for interference is made out. Dismissed. (SABINA) August 18, 2010 JUDGE Anand