RENU GUPTA Vs. STATE OF U.P.
LAWS(ALL)-2019-12-186
HIGH COURT OF ALLAHABAD
Decided on December 13,2019

RENU GUPTA Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

DINESH KUMAR SINGH-I,J. - (1.)Heard Sri Anupama Tripathi, learned counsel for the petitioners and Sri G.P. Singh, learned brief holder for the State.
(2.)This Petition has been filed by petitioner with a prayer to stay the effect and operation of orders dated 23.04.2019 and its confirmation order dated 31.08.2019 passed in Criminal Revision No. 147 of 2019 by Additional Session Judge / Special Judge, E.C. Act, District Azamgarh rejecting release application of petitioners.
(3.)In the impugned order dated 23.04.2019 passed by Judicial Magistrate, Azamgarh in Crime No. 246 of 2018 under Section 407 I.P.C., P.S. Gambhirpur, District Azamgarh, it is recorded that the petitioners had moved an application mentioning therein that petitioners had lodged separate F.I.Rs. being Crime No. 246 of 2018 under Section 407 I.P.C., P.S. Badrah, District Azamgarh and Crime No. 001 of 2019 under Sections 419 and 420 I.P.C., P.S. Phoolpur, District Varanasi regarding the accused- driver of Truck No. M.H.48J-0565, its owner to the effect that the rice loaded on the said truck belonging to the petitioner was sold by the accused persons on the way instead of reaching the same at destination. Concerning this occurrence, the petitioners got received an amount of Rs. 11,39,265/- at P.S. Gambhirpur while regarding the recovery of the remaining rice, investigation was pending. Earlier petitioner, Renu Gupta had moved an application without mentioning correct facts therein, which led to its rejection, hence, in such a situation, the petitioners were presenting another application. It was prayed by petitioners in the said application that an order is required to be passed by the Court in order to release the amount of Rs. 11,39,265/- in equal shares to the petitioners in respect of this amount which was deposited at P.S., Gambhirpur by way of sale of the said rice. It would come to Rs. 3,79,755/- each. Further it is mentioned in this order that a report was obtained from the P.S. concerned wherein a recommendation was made that the three petitioners may be given the said amount in equal share.


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