Sayyad Aftakhar Ali vs The State Of Madhya Pradesh
2025 Latest Caselaw 202 MP

Madhya Pradesh High Court

Sayyad Aftakhar Ali vs The State Of Madhya Pradesh on 1 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:20114




                                                                   1                       CRR-1771-2025
                                IN     THE      HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                        ON THE 1 st OF MAY, 2025
                                                CRIMINAL REVISION No. 1771 of 2025
                                              SAYYAD AFTAKHAR ALI AND OTHERS
                                                            Versus
                                                THE STATE OF MADHYA PRADESH
                           Appearance:
                                Shri Vijay Chandra Rai - Advocate for applicants.
                                Shri A.S. Baghel - Public Prosecutor for State.

                                                                       ORDER

This criminal revision under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 397/401 of the Code of Criminal Procedure) has been filed by the applicants being aggrieved by the order dated 22.03.2025 (Annexure P-1) passed by the learned Twelfth Additional Sessions Judge, Satna passed in MJCR/137/2025 whereby the application filed by the applicants to provide the original FDRs by submitting the attested copy has been rejected.

2. The case of the applicants is that they have been prosecuted for the offence punishable under Sections 420, 467, 468, 471, 201 and 204 of the Indian Penal Code registered at Police Station City Kotwali, Satna under Crime No.630 of 2017. After completion of entire investigation final report was presented upon which Criminal Case No.564 of 2019 was registered before the learned Judicial Magistrate First Class, Satna. After committal, the case was referred to the learned Twelfth Additional Sessions Judge wherein

NEUTRAL CITATION NO. 2025:MPHC-JBP:20114

2 CRR-1771-2025 Sessions Trial No.154 of 2019 was registered. As the applicants were arrested, they had moved applications under Section 439 of Cr.P.C. being M.Cr.C. No.34745 of 2018 and M.Cr.C. No.6113 of 2019 before this Court, which were allowed vide orders dated 01.10.2018 and 05.03.2019 with a direction to deposit the FDRs of 22,34,000/- and 11,17,000/- respectively. The applicant No.1 filed a petition under Section 482 of the Cr.P.C. being M.Cr.C. No.34827 of 2019 seeking permission to withdraw Rs.11,17,00/- out of Rs.22,34,000/- on the arrest of applicant No.2. This Court vide order dated 09.09.2019 allowed the petition and permitted the applicant No.1 to withdraw Rs.11,17,000/- out of Rs.22,34,000/-. During the pendency of the trial the applicants have deposited their respective original FDRs.

Subsequently, vide judgment dated 31.12.2024 the applicants were acquitted in Sessions Trial No.154 of 2019. Against the judgment of acquittal the complainant has preferred a criminal appeal bearing Criminal Appeal No.1892 of 2025 before this Court and the same is pending consideration. The applicants filed an application for return of the original FDRs before the learned Court below, but the same was rejected on the ground that since the criminal appeal preferred by the complainant is pending, it does not appropriate to release the FDRs. Being aggrieved by the impugned order, the applicants has preferred this present revision petition before this Court.

3. It is argued by the counsel for the applicants that the learned trial Court has failed to appreciate that the applicants have already been acquitted in Sessions Trial No.154 of 2019. The complainant preferred the appeal against acquittal with malicious intention. The FDRs were deposited since 2019.

NEUTRAL CITATION NO. 2025:MPHC-JBP:20114

3 CRR-1771-2025 There is no need to keep the same for security purpose as the applicants have already been acquitted. In view of the aforesaid, he has prayed for setting aside the impugned order dated 22.03.2025 with a direction to the trial Court to release the FDRs in favour of the applicants by taking the certified copies of the same.

4. Per Contra, State counsel has vehemently opposed the contentions raised by counsel for applicants and prays for its dismissal.

5. Heard learned counsel for the parties and perused the record.

6. The admitted facts of the case are that the applicants have been acquitted by the trial court and FDRs amounts have been deposited by them as security in the trial Court. Since the applicants have already been acquitted for the offence and an appeal against the acquittal is pending consideration, in the considered opinion of this Court, the original FDRs be released in favour of the applicants subject to furnishing the solvent surety of the like amount. The original FDRs released in favour of the applicants will not be encashed till the final disposal of the pending appeal. They are directed to keep the FDRs' alive and get them renewed and will present the same before the concerned Court as and when directed.

7. With the aforesaid observation, the criminal revision stands disposed off.

(VISHAL MISHRA) JUDGE

THK