Phani Kiran vs Union Of India,

Item No.34



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                 AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


             I.A.No.2 of 2019 In/And W.P.No.5452 of 2019

COMMON ORDER: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     Learned counsel for the petitioner states that in view of the

judgment of the Supreme Court in the case entitled G.J. Raja v. Tejraj

Surana (reported as 2019(10) SCALE 168), he does not wish to press

the present petition. Instead, he requests that the amount directed to

be deposited in the form of an interest bearing FDR, in favour of the

learned Special Magistrate-III, Cyberabad at Malkajgiri, may be

permitted to be withdrawn by the petitioner. Learned counsel adds

that since this court had granted liberty to the learned Magistrate to

conclude the trial of the case filed by the respondent No.2 against the

petitioner, the same stood concluded vide judgment dated 16.07.2019 whereunder, the petitioner was convicted. Aggrieved by the conviction order, the petitioner has filed an appeal, which is pending. In the said appeal, the petitioner has deposited 20% of the cheque amount i.e., a sum of Rs.3,00,000/-.

2. In view of the aforesaid submission, the present petition as also I.A.No.2 of 2019 are disposed of along with the pending applications, if any, with liberty granted to the petitioner to approach the learned W.P.No.5452 of 2019 Page 1 of 2 Special Magistrate-III, Cyberabad at Malkajgiri for seeking release of the FDR.

______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 16.04.2021 JSU W.P.No.5452 of 2019 Page 2 of 2