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Madhya Pradesh High Court · body

2003 DIGILAW 778 (MP)

Gun Shekhar @ Satyamurti v. State of M. P.

2003-06-25

S.L.KOCHAR

body2003
JUDGMENT This Criminal Revision, has been filed against the order dated 20.1.2003 passed by Special Sessions Judge, Jhabua in Misc. Criminal Case No. 27/02 whereby learned Court below has dismissed the application of the applicant for releasing the seized amount from the accused/applicants Rs. 24,000/- (Rupees twenty four thousand only) with interest. This amount was deposited in the State Bank of India as per the directions given by this Court. The applicant has been acquitted in Special Cri. Case No. 9/00 on 14.8.2002. In this Judgment, learned trial Court ordered for return of the aforesaid amount with an interest to the applicant/accused. On his behalf power of attorney holders Advocate Manoj S/o Anokhilal and Hanif Shekh S/o Abdul Rahim Shekh, have filed an application for grant of aforesaid amount to them on the basis of written power of attorney executed by applicant/accused Gun Shekhar @ Satyamurti. This power of attorney was executed before the Notary in presence of Jailor, District Jail, Jhabua as well as two witnesses. Learned Court below has dismissed the application only on the ground that while passing the judgment of acquittal, learned trial Court has ordered fOi return of the amount to the accused but without assigning any reason as to why on the power of attorney, executed by the accused in favour of both the advocates Manoj and Hanif for receiving the aforesaid amount from the Court, should not be relied upon. The original power of attorney was also placed before the trial Court and the same is also placed before this Court for perusal. After perusing the same it was returned to the applicant. Learned counsel for the applicant submitted that applicant/accused Gun Shekhar.@ Satyamurti is resident of Tamil Nadu and it is very inconvenient for him to come over Jhabua. Having heard learned counsel for the parties, this Court is of the opinion that there is absolutely no impediment in accepting the prayer of holder of power of attorney i.e. Manoj S/o Anokhilal and Hanif Shekh S/o Abdul Rahim Shekh R/o Jhabua on behalf of accused/applicant Gun Shekhar and apply for releasing the amount in their favour. Therefore, the prayer of attorney of applicant Gun Shekhar @ Stayamurti is accepted. This Court directs that seized amount of Rs. 24,000/- (Rupees twenty four thousand only) with interest be paid/return to the holder of power of attorney Mr. Manoj and Hanif. Therefore, the prayer of attorney of applicant Gun Shekhar @ Stayamurti is accepted. This Court directs that seized amount of Rs. 24,000/- (Rupees twenty four thousand only) with interest be paid/return to the holder of power of attorney Mr. Manoj and Hanif. In view of the aforesaid discussion, this Criminal Revision is allowed, and disposed of. CC be given on usual charges.