HC orders release of robbed Money to victim for USE and not on superdari

DELHI HIGH COURT

CRL.M.C. 3616/2010

RITESH JINDAL ..... Petitioner
versus
STATE/GOVT OF NCT OF DELHI ..... Respondent

For Petitioner: Mr. Ashwani Goel, Advocate
For Respondent: Mr. Sunil Sharma, APP for ASI Shiv Kumar

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CORAM:
JUSTICE SHIV NARAYAN DHINGRA

O R D E R
This petition has been filed by the petitioner against an order dated 3rd November 2010 passed by learned trial court refusing to release the robbedamount in favour of complainant. The complainant was robbed of a sum of Rs.4 lac, out of that Rs.3.43 lac were recovered from the accused persons and this amount of Rs.3.43 lac was lying in the court.
The complainant made an application for giving back this amount to him before the trial court but the same was rejected. I consider that in such cases where the cash amount of complainant is recovered from the robbers/ thieves/ dacoits, the cash amount should be returned to the original claimant/ complainant so that he is not doubly robbed, once by thieves and second by depriving him of the use of the amount for years together when trial remains pending. In my view, the court can take necessary steps to identify the case property and in this case, the complainant can be asked to place the photocopies of the currency notes on record. I, therefore, allow this petition. The order of learned trial court is hereby set aside and it is directed that amount of Rs.3.43 lac be released in favour of the petitioner, not on superdari, but for his use and the sufficient identification of the released case property be retained in the court in the nature of photocopies of the currency notes with their numbers. With above directions, this petition sands disposed of.

SHIV NARAYAN DHINGRA,J
DECEMBER 21, 2010

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