D.K.SINHA, J. - (1.) THE petitioner, Dinesh Kumar Gupta, has preferred this revision petition challenging the legality, propriety and correctness of the order dated 6.12.2005 passed by Shri M.C. Narayan, Judicial Magistrate. 1st Class, Dhanbad in G.R. Case No. 2822 of 2002 arising out of Govindpur Barwadda P.S. Case No. 204 of 2002 whereby and whereunder the Court below was pleased to release only Rs. 45,000/ - out of total seized amount to the tune of Rs. 2,56,650/ -.
(2.) THE petitioner had earlier moved for similar relief for the release of entire seized amount in Cr. M.P. No. 629 of 2003 in the Court, which was dismissed as withdrawn by a Bench of the Court on 27.2.2004 with liberty to the petitioner to move before the Court below for release of the seized amount after conclusion of the trial. Pursuant to that, the petitioner moved for release of the said amount, total to the tune of Rs. 2,56,615/ - but by the impugned order only Rs. 45,000/ - was released and hence the present Cr. Revision application. The brief fact of the case is that the informant, Rajpal Singh, who was the driver of Truck No. U.P. 80 -M/9453. delivered his statement at Barwadda police station. Barwadda More G.T. Road on 28.10.2002 that on 24.10.2002 he had proceeded from Agra carrying mustered oil in his truck in the morning. For Alu Posta in West Bengal with co -driver. Munna Singh and cleaner Jeetu Oraon. After making delivered of the mustered oil at Alu Posta (W.B.) he proceeded in the night of 26.10.2002 with the co -driver and cleaner for Dhanbad and he arrived at Dhanbad in the morning of 27.10.2002 and stayed in the night intervening on 27/28.10.2002 with the said truck at the petrol pump of Bijay Babu at Barwadda. In the morning of 28.10.2002 at about 5 a.m. he along with Munna Singh went to Jharia for taking token of carrying coal and handed over a sum of Rs. 45,000/ -to Jeetu Oraon, the cleaner of the said truck asking him to take care of the truck. When he returned back at about 6.30 a.m. at the Petrol Pump of Bijay Babu where he had parked his truck, he neither found his truck nor the cleaner, Jeetu Oraon. The truck as well as Jeetu Oraon were being searched extensively but could not be traced. The informant -driver alleged that he had reason to believe that the cleaner Jeetu Oraon in criminal breach of trust took away Rs. 45,000/ - with the truck to unknown place. On his statement Govindpur (Barwadda) P.S. Case No. 204 of 2002 was lodged.
(3.) ON the same day, i.e. 28.10.2002, as submitted by the learned Counsel for the petitioner, restatement of the informant was recorded under Section 161 of the Code of Criminal Procedure around 16.00 hours and in such statement the informant made an important revelation before the police that he was informed telephonically by the petitioner that proprietor of M/s. Arihant Agency, Mihijam namely Mr. Rajesh Kumar had made over a sum of Rs. 2,20,000/ - to the accused - cleaner, Jeetu Oraon while the informant -driver and co -driver Munna Singh had been to Jharia and in this mariner the accused Jeetu Oraon had run away with a total sum of Rs. 2.65.000/ -(Annexure -2). The co -driver, Munna Singh in his statement under Section 161 of the Code of Criminal Procedure before the police made a similar statement revealing that accused. Jeetu Oraon had run away with a total sum of Rs. 2.65.000/ -. The police on such revelation proceeded to investigate and was able to nab the accused Jeetu Oraon on 20.10.2002. A sum of Rs. 2.56,650/ - was recovered on search of his person to which a seizure list was prepared (Annexure -8).;