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Rajasthan High Court · body

1999 DIGILAW 648 (RAJ)

Sanjay Kumar Goel v. State of Rajasthan

1999-05-11

ARUN MADAN

body1999
JUDGMENT 1. - On. 26.6.1998, the petitioner/complainant lodged an F.I.R. No. 156/98 at Police Station Vidhan Sabha, Jaipur, to the following effect- " lsok esa] Jheku bapktZ lkgc egksn;] fo/kku lHkk T;ksfr uxj] t;iqj] egksn; th fuosnu gS fd eSa xks;y V~kaliksVZ da0 [k&8 ds lkeus yky dksBh] lCth e.Mh] t;iqj esa ekfyd dh gSfl;r j[krk gwWaA esjs ikl V~d ua0 Mh0,y0@,y0ch0 4143 xkM+h dk M~kboj Hkxokunkl o eksVj lkbZfdy yhywjke esjs ls fnYyh dk eky irk djus vk;k vkSj eSaus Hkh bdjke ,.M d0 ls fnYyh dk eky ekywe fd;k rks mUgksaus eq>s fnYyh 'kkgiqjk dk eky crk;k mUgksaus HkkM+k 2300@& :i;s r; dj xkM+h Hkstus ds fy, dgk vkSj geus xkM+h eSa bdjke ,.M rlyhe lCth e.Mh&8 ij Hkjus Hkst nh V~d Hkjdj vkus ds ckn eSaus mls fcYVh ua0 8933 fnukad 12-6-98 dks 271 isVh VekVj ftldh dher 87]712@& ( lR;klh gtkj lkr lkS ckjg :i;k ) gS fcYVh o d0 dk pkyku cukdj Hkst nh pkyku esa M~kbZoj dk irk o viuh dkWih esa mldk irk M~kboj Hkxokunkl iq= Jh vej flag] xzke <+k.khfljku] Mkd[kkuk <+k.kh fi[kkyh ru gklh] ftyk fgalkj o eksVj ekfyd ykywjke bZ'ojflag iq= Jh jkeLo:i xzke jk[khokl] Mkd[kkuk jk[khokl Fkkuk&uklsM] rglhy gkalh] ftyk fgalkj dk gLrk{kj djkdj V~d jokuk dj fn;kA izkFkhZ ds i= }kjk ekywe gqvk fd V~d o M~kboj eky ysdj ikVhZ ds mDr LFkku rd ugha igWaqpk eq>s 'kd gS fd V~d pkyd o eksVj ekfyd us feydj eky [kqn&cqnZ dj fn;k gSA esgjckuh dj mfpr dk;Zokgh dh tkos o d`i;k gekjk eky o ;k eky dh dher fnyok;s tkus dh esgjckuh dh tkosA /kU;okn Hkonh; ,l0Mh0 lat; dqekj xks;y iq= Jh fd'ku pUn xks;y] xks;y V~kaliksVZ da0 lCth e.Mh] t;iqj 516267 ,l0Mh0 lat; dqekj xks;yA " 2. On the basis of F.I.R. investigation was conducted in the matter and as a result of investigation, it was revealed that consignment of tomatoes, which was sent by the petitioner through the financier i.e. Inter State Finance Company Ltd. Delhi through the truck bearing No. DL/LB 4143 was forcibly taken from Bhagwan Das and Lilu Ram by intercepting the said vehicle in the midway at Rewari and a sum of Rs. 53,730/- was realised by way of sale proceeds which is lying with the investigating agency at Police Station Vidhan Sabha, Jaipur. 3. 53,730/- was realised by way of sale proceeds which is lying with the investigating agency at Police Station Vidhan Sabha, Jaipur. 3. During the course of hearing, learned PP has contended that the concerned investigating officer has sought the permission of the Dy. S.P for filing final report in the matter and the same is likely to be filed shortly. From the perusal of F.I.R. it is apparent that a sum of Rs. 53,730/- which has already been realised by way of sale proceeds of the commodity in question is since lying in deposit with the Investigating Agency. 4. As a result of the above discussion, the impugned order of the trial court dated 18.7.1998, arising out of F.I.R. No. 156/98 is quashed and set-aside. It is accordingly directed that in view of the final report which is likely to be filed by the police, it is apparent that prosecution has obviously not found the case fit for further investigation or for filing the challan in pursuant to the above F.I.R. before the trial court concerned. Hence the proper course in the interest of justice should be to direct the release of the amount of Rs. 53,730/- realised by the concerned investigating agency by way of sale proceeds of the commodity in question, which should be returned to the rightful owner Shri Sanjay Kumar Goel, if a proper application is moved before the court concerned in accordance with law. No further directions are necessary. 5. The revision petition is accordingly disposed of.Revision Disposed of as Above. *******