Rajesh Ranjan Son Of Late Nageshwar Nath ... vs Central Bureau Of Investigation on 16 March, 2018

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Gujarat High Court

Rajesh Ranjan Son Of Late Nageshwar Nath ... vs Central Bureau Of Investigation on 16 March, 2018

Bench: G.R.Udhwani

         R/CR.A/189/2015                                    IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION NO. 1 of 2016
                          IN
            R/CRIMINAL APPEAL NO. 189 of 2015
=============================================

RAJESH RANJAN SON OF LATE NAGESHWAR NATH GUPTA Versus CENTRAL BUREAU OF INVESTIGATION ============================================= Appearance:

MR RJ GOSWAMI for the PETITIONER(s) No.1 MR RC KODEKAR for the RESPONDENT(s) No.1 MS MAITHILI D MEHTA, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No.2 ============================================= CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 16/03/2018 IA ORDER

1. This application is made with the following prayer:

"C. To direct the CBI to release the bank account bearing no. 201631 of Allahabad Bank Patna and Bank account no. 1598000100030672 of Punjab National Bank, Gandhidham and to hand over the documents of Policy of Birla Sun Life Insurance Co. Ltd. dated 12.03.2005 of Rs.99,000/- in the name of Puja Gupta. Sahara India Financial Corporation Ltd. being Policy no. 10132576708 dated 29.03.2005 in the name of Puja Gupta, 10132576707 dated 29.03.2005 in the name of Tarkik Gautam Ranjan, 10132576704 dated 29.03.2005 in the name of Snigdha Ranjan and 10130576702 dated 29.03.2005 in the name of Rajesh Ranjan. Policy no.512032996 of LIC and related papers. The said policy is before the check period and not pertaining to DA case. Policy and paper related to Sahara India Financial Corporation in the name of Puja Gupta dated 27.12.2005, 31.10.2007, 31.12.2007, 27.12.2006 and 30.04.2007 arising out of the FIR bearing R.C. No.15(A)/2008-GNR registered with CBI/ACB/Gandhinagar Police Station."

2. The petitioner has also made following averments in Page 1 of 3 R/CR.A/189/2015 IA ORDER paragraph 13:

"13. The applicant submits that being aggrieved by the aforesaid order passed in CBI Criminal Misc. Application No.1744/15 dated 19.11.2015, the applicant is challenging the sane on the following grounds and other grounds may be urged at the time of hearing.

Grounds A. The applicant submits that though through search list and search cum scrutiny report, several documents were seized and bank account were also seized but the applicant is now only requesting this Hon'ble Court to release the following bank account and documents as under:-

Bank Accounts

1. Bank Account no. being No.201631 of Allahabad Bank, Patna and amount of Rs. 49,230/- is lying. The said account is in the joint name of the applicant and her wife Pooja Gupta. The said amount was deposited prior to the check period, The check period is for the year 10.02.2006 to 03.09.2008.

2. Bank Account no. 1598000100030672 of Punjab National Bank, Gandhidham, and the amount lying is Rs.1,15,698/-. The said account is in the name of applicant and is salary account, wherein salary was being deposited therefore the applicant is entitle to receive the said amount.

Policy Documents

3. Policy of Birla Sun Life Insurance Co. Ltd. dated 12.03.2005 of Rs.99,000/- in the name of Puja Gupta. The said documents is pertaining to before the check period.

4. Sahara India Financial Corporation Ltd. being Policy no. 10132576708 dated 29.03.2005 in the name of Puja Gupta, 10132576707 dated 29.03.2005 in the name of Tarkik Gautam Ranjan, 10132576704 dated 29.03.2005 in the name of Snigdha Ranjan and 10132576702 dated 29.03.2005 in the name of Rajesh Ranjan. The said policies are not related to the check period and it is before the check period.

5. Policy no. 512032996 of LIC and related papers. The said policy is before the check period and not pertaining to DA Case. The said policy is at present in existence and premium is paid thereafter also.

Page 2 of 3

R/CR.A/189/2015 IA ORDER

6. Policy and paper related to Sahara India Financial Corporation in the name of Puja Gupta dated 27.12.2005, 31.10.2007, 31.12.2007, 27.12.2006 and 30.04.2007.

As far as the documents at Sr. No.3, 4, 5 are concerned they were before check period and were not forming the part of record of DA case. As far as documents shown at Sr. No.6 above is concerned is not forming part of chargesheet in the DA case and therefore also this shows that now since the trial is over of DA case therefore the said documents are required to be returned to the applicant still the said fact is not considered by the ld. CBI court."

3. Affidavit is filed by the CBI inter alia stating that documents at serial no.5 and 6 may be returned to the petitioner as they are not being relied upon by the CBI, whereas the documents at serial no.1 to 4 are relied upon by the CBI and are the subject matter of the case. It has been submitted that the Appeal is pending with this Court and therefore, the original documents would be necessary for hearing of the Appeal.

4. Confronted with the above position, the learned counsel for the applicant confines applicant's prayer for return of the documents at serial no.5 and 6 being original LIC Policy no.512032996 for Rs.50,000/- in the name of Shri R. Ranjan and original premium receipts of Sahara India Financial Corporation Limited in the name of Smt. Puja Gupta respectively and does not press the prayer "C" quoted above at this stage. Accordingly, it is directed that the above referred two documents at serial no.5 and 6 be returned to the applicant. The application is disposed of. Direct service is permitted.

(G.R.UDHWANI, J.) Dolly Page 3 of 3

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