Criminal Misc. No. M-46528 of 2007 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No. M-46528 of 2007 (O&M) Date of Decision : 09.07.2008 Avikar Raj @ Akram Rahman .....Petitioner Vs. State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: None for the petitioner. Mr. Ajay Ghengas, DAG, Haryana. **** RAJESH BINDAL J. The challenge in the present petition is to the order dated 23.3.2007 passed by the learned Judicial Magistrate First Class, Sonepat whereby the application filed by the petitioner for issuance of a direction to the In-charge, Police Station, City Sonepat to return US Dollar 3351, other documents and articles had been dismissed. It is further prayed in the petition that direction be issued for registration of FIR for offence committed by respondents No.2 to 6 for misappropriation of the above said amount and other documents. The petitioner was an accused in FIR No.96 dated 4.4.2002 registered under Sections 170, 171, 419, 467, 468 and 471 IPC at Police Station City Sonepat. After trial, he was acquitted of the charges vide judgment dated 18.11.2004. After acquittal, the petitioner filed an application before the learned Magistrate for direction to the In-charge Police Station, City Sonepat for release of the currency and the documents seized from the petitioner at the time of registration of FIR. As per the register maintained in the store room on Form No.22.70, No.XIX Store Room Register (Part I) (Annexure R.T/1), the following currency notes and documents were recovered from the possession of the petitioner:- “One file cover containing some papers of Avikar Raj, 100x89 dollars TCS, 3351 US Dollars, 20 pounds England, 1515 Pak currency, one driving license of Vinod Kumar, one driving Criminal Misc. No. M-46528 of 2007 (O&M) -2- license of Avikar Raj, once changed name certificate as Akram Rehman, Books of quaram, Emotional Intill genal the spirit of islam jinture one Supreme Court of India card of Avikar Raj.” The petitioner approached the Magistrate with the contention that though the other documents as mentioned in the application filed by him were returned but US Dollar 3351, arbitration certificate, foreign exchange documents, birth certificate, documents of lawyer's chamber, golden chain, golden ring and seven cassettes had not been returned by the police. On a perusal of the store register, it was found that the documents such as arbitration register, foreign exchange document, birth certificate were not recovered and seized from the petitioner. As far as US Dollar 3351 is concerned, a perusal of the register shows that it contains the signature of the petitioner specially mentioning in his hand-writing that `received every item'. As is recorded in the order impugned passed by the Magistrate, the petitioner did not deny his signatures on the store register. It is also found recorded in the impugned order that the petitioner himself is a lawyer. Once it is found as a fact from the record produced before the Magistrate that the currency and the documents, as were recovered and seized from the petitioner, had been returned and the petitioner had signed as a token for receiving them back, this Court does not find any justification to interfere in the impugned order. Accordingly, the petition is dismissed. July 09, 2008 ( RAJESH BINDAL ) renu JUDGE