Court No. - 42 Case :- CRIMINAL APPEAL No. - 1747 of 2002 Petitioner :- Amar Jeet Singh Respondent :- State Of U.P. Petitioner Counsel :- P.C. Srivastava,K.N. Yadav Respondent Counsel :- Govt. Advocate Order on Criminal Misc. Application No. 116456 of 2006 Hon'ble Rakesh Tiwari,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the applicant and learned A.G.A.
Zila Panchayat, Maharajganj through its Chairman has filed this application
supported with an affidavit with the prayer that the Sessions Judge,
Maharajganj may be directed to release the seized amount of Rs.1,00,000/- in
favour of the applicant.
It has been stated that the salary which was meant for the salary of the
employees amounting to Rs.1,50,000/- was looted by some miscreants which
is lying in the treasury.
Learned counsel for the applicant has submitted that the said amount may be
released in favour of the applicant so that the same may be utilized for
payment of salary of the employees.
As the case has already been decided by the Sessions Judge, there is no
likelihood that the money will be needed in this Court as case property.
In the circumstances, it appears proper that the money be released in favour of
Zila Panchayat, Maharajganj on furnishing security.
Accordingly, it is ordered that Rs. 1,50,000/-which is case property and lying
in treasury, shall be released in favour of Zila Panchayat, Maharajganj
through its Chairman on furnishing security other than cash or bank guarantee
to the satisfaction of the Sessions Judge, Maharajganj.
The application is disposed of with the above observations.
Since the lower court record has been received, the office is directed to
prepare typed copy of paper-book within a period of four weeks and list the
case for final hearing immediately, thereafter.
Order Date :- 1.2.2010
RCT/-