High Court of Judicature at Allahabad
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Kailash Chandra Yadav v. State Of U.P. - APPLICATION U/s 482 No. 12421 of 2005  RD-AH 3679 (29 September 2005)
Hon'ble R.C.Deepak, J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is contended by the learned counsel for the applicant that a sum of Rs.1,20,000/- was recovered from Mukhtar and Umar Khan alias Markha and a case as case crime no.183 of 2001 under Sections 457, 380 IPC was registered. The trial of the case is pending against the accused concerned. The money so recovered is the property of the applicant and he has identified the same. His revolver was also recovered, but the same has been released in his favour. His contention is that the money is detained since 2001 and there is no progress in the trial. The applicant is suffering a lot. Learned counsel for the applicant further submits that the applicant is ready to comply any condition if imposed in case of release of the above amount in his favour.
Considering the facts and circumstances of the case, since the matter is pending since year 2001 and the trial has yet not been concluded, it appears proper in the interest of justice and equity both that the orders dated 6.10.2001 and 2.11.2001 passed by the courts below be set-aside. Accordingly, the orders dated 6.10.2001 and 2.11.2001 passed by the courts below are hereby set-aside. The learned Magistrate is directed to reconsider the matter and release the said amount in favour of the applicant. The photostat copies of the currency notes be taken and the same be kept with the record. The money, so released, shall be the subject matter of the result of the trial of the case, if any.
The application stands disposed of accordingly.
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