Om Prakash -VII, J. - (1.) HEARD Shri Ashutosh Tripathi, learned counsel for the applicant and the learned A.G.A. for the State. Notice was issued to opposite party No. 2 but the office report dated 25.8.2007, shows that notice has not returned back after service and for the reasons mentioned hereinafter, there is no need to issue fresh notice to the opposite party No. 2 and the matter is being decided finally.
(2.) THE present application under Section 482, Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 14.9.2005 passed by the Additional Chief Judicial Magistrate, Northern Railway, Ghaziabad in Case No. 2275 of 2004, State v. Anis and others, under Sections 379/411, I.P.C., Police Station G.R.P., District -Ghaziabad whereby the court below has allowed the release application of the informant/complainant and released the currency note recovered in the matter in favour of the informant/complainant. It appears that the above case was pending before the court below and trial was going on, an amount of Rs. 17,000, said to be the case property of Crime No. 360/2004 under Section 379, I.P.C., was recovered from the possession of the accused/applicant, who is facing trial. The informant moved an application to release the said amount in his favour and vide order dated 28.7.2004, the court below rejected the release application observing that the recovered currency note may be required in evidence. Later on, another application was moved on behalf of the informant to release the amount. The court below obtained report from the A.P.O. concerned, allowed the application and released the amount on the condition that a bond amounting to Rs. 10,000 be filed. It has also been observed that defence has not made any objection on the release application being allowed. It also appears that an application dated 14.12.2004 had also been moved on behalf of the applicant to release the amount in his favour, which has not been disposed of.
(3.) IT is submitted by the learned counsel for the applicant that the applicant had moved an application to release the amount in his favour prior to moving of the application by the informant which is pending before the court concerned and without disposing of the application moved by the applicant, release order was passed on the application moved by the informant. No opportunity of hearing was given to the applicant.;