Delhi High Court - Orders
Ankur Arora & Ors vs The State & Anr on 10 January, 2024
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2841/2023
ANKUR ARORA & ORS. ..... Petitioners
Through: Mr. Noor Alam, Advocate.
versus
THE STATE & ANR. ..... Respondents
Through: Mr. Sanjeev Bhandari, ASC with
Mr.Kunal Mittal, Mr. Arjit Sharma &
Ms. Rishika, Advocates for the State.
Mr. Vishal Tewari, Advocate for
respondent No.2.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 10.01.2024
1. The matter has been placed before the this Court by the Registry to seek clarification of the order dated 11.12.2023 by which the following order was passed:
" **** Accordingly, the present petition is allowed and FIR bearing no. 0097/2018 registered under sections 406/420/467/471 IPC at P.S. Punjabi Bagh is quashed along with consequential proceedings with following directions:-
i. That the FDRs total amounting to Rs.73,00,000/- (Rupees Seventy Three Lakhs Only) already deposited by the petitioners as detailed hereinabove be released to the petitioners by the Office of the Registrar General, Delhi High Court within 7 days from today subject to supply of particulars by the petitioners and after proper verification. Thereafter, the petitioners shall pay Rs.48,00,000/- (Rupees Forty Eight Lakhs only) to the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 04:52:47 Respondent no.2 within 03 days from the date of encashment of the said FDR without any default against a proper receipt and copy of the said receipt be placed on record within 07 days thereafter.
ii. The petitioners shall be entitled to the refund of balance amount of Rs.23,00,000/- out of Rs.73,00,000/- which were deposited with the Office of the Registrar General, Delhi High Court as detailed hereinabove.
iii. The petitioner no.1 is directed to deposit Rs.5,00,000/- (Rupees Five Lakhs Only) to the Armed Forces Battle Casualties Welfare Fund, Canara Bank, A/c No. 90552010165915 within 15 days from the date of encashment of the said FDRs and receipt thereof be placed on record within 07 days thereafter.
**** "
2. The Registry has submitted in the office noting sheet that as per Para 3 of the aforesaid Order, (four) FDRs/DDs have been deposited by the petitioner in Bail Appl. No. 1002/2018 (details already given at para 4). It is further submitted that with regard to provide particulars of the fifth FDR/ DD of Rs.10,00,000/- (Rupees Ten Lakhs), no information has been furnished by the petitioner.
3. In this regard, learned counsel for the petitioners, at this stage, states that the father of the petitioners herein unfortunately passed away and they do not have the details of the FDR for an amount of Rs.10 Lakhs which was also deposited as per orders of this Court. He states that the rest of the amount for which they have details will be provided to the Registry.
4. Learned counsel for the petitioners also states that Rs. 5 Lakhs which was to be deposited as per order with the Armed Forces Battle Casualties Welfare Fund will also be deposited within 15 days from the date of release of this amount to him.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 04:52:47
5. Let the amount of Rs.63 Lakhs be released to the petitioner, and out of the same, Rs.48 Lakhs be released to the complainant as per their settlement & Rs. 5 Lakhs be paid to the Armed Forces Battle Casualties Welfare Fund from the date of release of the said amount. As far as the rest Rs.10 Lakhs amount is concerned, the same will not be claimed till he produces before the Registrar the details and his entitlement to claim the same.
6. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J JANUARY 10, 2024 B.S. Rohella Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 04:52:48