Madhya Pradesh High Court
Smt.Rita Rathi vs The State Of Madhya Pradesh on 20 March, 2018
1 Cr.R. No.367/2018
HIGH COURT OF MADHYA PRADESH
Cr.R. No.367/2018
(Smt. Rita Rathi vs. State of M.P. )
Indore, Dated : 20.03.2018
Shri A.K. Sethi, Senior Advocate with Shri Chetan Jain, Advocate for the
petitioner.
Shri Mukesh Porwal, Government Advocate for the respondent/State.
The challenge in the present petition is to an order passed by the learned Special Judge, under the Prevention of Corruption Act, 1988 Indore on 13.11.2017 whereby an application for release of an amount of Rs.13,99,300/- recovered during search of the residential house of the petitioner on 23.07.2013 remained unsuccessful.
Shri Jagdish Rathi, husband of the petitioner was working as Assistant Commissioner (Excise), Sagar. An FIR for an offence under Section 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 is registered. The husband of the petitioner is one of the accused in the said proceedings. During the search of the house of the accused, a sum of Rs.13,99,300/- was recovered from the present petitioner which was said to be a purchase price of 0.401 hectare of land received from one Mukesh Chaturvedi. The said amount of Rs.13,99,300/- has since been deposited in the Bank account.
The learned Special Judge declined the application for release of the said amount on the ground that there does not seem to be any justification for release of the amount inter alia on the ground that the matter is pending in Chhattisgarh State under the Prevention of Corruption Act and till such time the matter is finally decided, the amount lying in the bank deposit does not warrant any release in favour of the present petitioner.
As per the argument raised by the learned counsel for the petitioner, investigations in respect of the allegations against the husband of the present petitioner are pending.
In terms of Section 451 and 457 of the Code of Criminal Procedure, 1973 the criminal Court is competent to pass an order as it thinks appropriate for the 2 Cr.R. No.367/2018 proper custody of the property pending conclusion of the inquiry or trial. Since the matter is still pending investigation, the criminal Court has exercised its jurisdiction not to release the amount to the petitioner as the said amount is said to be a part of illegal gratification received by the husband of the petitioner.
The reliance of the petitioner on the judgment of the Hon'ble Supreme Court reported as (2002) 10 SCC 283 (Sunderbhai Ambalal Desai vs. State of Gujarat) that no useful purpose would be served by keeping the seized article in the police custody is not tenable. The argument is that the cash amount can be called upon by the police to produce before the Competent Court at the subsequent stages, but to deny the use of money by the petitioner is depriving her of her property.
We do not find any merit in the argument raised. Though the amount of Rs.13,99,300/- was seized in the year 2013 and the investigation is yet said to be not complete, but the fact remains that the amount is said to be part of illegal gratification received by the husband of the petitioner. The property has been kept in a Bank deposit; therefore, it is in safe custody, which can be given to the accused, in the event, the prosecution fails. We find that such order is based upon sound judicial discretion as the amount is said to an amount of illegal gratification. Thus, the order passed by the Special Judge not to release the amount to the petitioner pending investigation, does not warrant any interference.
Such order passed by the Special Judge does not warrant any interference by this Court in exercise of revisional jurisdiction. The revision is dismissed.
(Hemant Gupta) (S.K. Awasthi)
Chief Justice Judge
shukla
Digitally signed by
SUDESH KUMAR
SHUKLA
Date: 2018.03.21
00:01:56 -07'00'