HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 11437 of 2020 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Shri Avijit Saxena, learned counsel for the applicant, and learned A.G.A. for the State of U.P. 2. This application under Section 482 Cr.P.C,. has been field for quashing the order date 27.11.2019 passed by the learned Additional Sessions Judge, court No. 3 Meerut, in Criminal Revision No. 477 of 2018 (Suresh Kumar Singh vs. State of U.P. and another) as well as order dated 21.8.2018 passed by the learned Additional Chief Judicial Magistrate-X, Meerut in release application in Case Crime No. 849 of 2017, under Sections 420, 406 and 414 IPC, police station Medical, District Meerut. 3. On the consensus of both sides, the orders which were passed earlier regarding the exchange of affidavits is being ignored for the cause of justice. 4. A very innocuous prayer at this stage is made by the learned counsel for the applicant that rupees two lakhs, which is said to belong to the applicant, as per his version, is not to be looked upon factually by this Court in this application under Section 482 Cr.P.C., as the matter pertaining to it is pending before the Court below. 5. The impugned order assailed in this application under Section 482 Cr.P.C. is dated 21.8.2018, passed by the learned Additional Chief Judicial Magistrate-X in Case Crime No. 849 of 2017, under Sections 420, 406, and 414 IPC, Police Station Medical, District Meerut, whereby the learned court below has rejected the release application filed by the Versus Counsel for Applicant(s) : Avijit Saxena Counsel for Opposite Party(s) : A.G.A. Suresh Kumar Singh .....Applicant(s) State of U.P. and another .....Opposite Party(s) applicant. On the sole ground that there is no evidence on the record which shows that the accused has withdrawn the money from the bank. 6. Learned A.G.A., on behalf of the State of U.P., submits that unless the real owner of the money is decided, it would be inappropriate to release the money in favour of the applicant, as the money is lying in the bank causing no harm to the applicant. 7. Against the said order of the learned Magistrate, the applicant preferred Criminal Revision No. 477 of 2018 (Suresh Kumar Singh vs. State of U.P. and another) before the learned Additional Sessions Judge, Court No. 5, Meerut, and vide order dated 27.11.2019, the order of the learned Magistrate was confirmed and the revision filed by the applicant was dismissed. 8. During the course of argument, learned counsel for the applicant referred the case law of Hon'ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat; 2003 (46) ACC 223, wherein the Apex Court held that property seized during a criminal investigation should not be kept in custody for an unduly long period; perishable or deteriorating property must be released promptly to prevent loss or damage, and non- perishable property, if not required as evidence, should be returned to the rightful owner at the earliest opportunity, ensuring a balance between the interests of justice and the rights of the owner. 9. It is very unfortunate that the present criminal miscellaneous application under Section 482 Cr.P.C., preferred against the order dated 21.8.2018, passed by the learned Additional Chief Judicial Magistrate-X in Release Application No. 849 of 2017, under Sections 420, 406, and 414 IPC, Police Station Medical, District Meerut, is pending since last five years. Admittedly, the dispute between the applicant and opposite party No. 2 is private dispute based on civil transactions and it is worthy to mention here that money, which acts as a lifeline of the system, should not be kept at a place as a dead particle for indefinite period. 10. At this stage, after hearing both the side and without entering into the merits of the case and keeping in view the law laid down by the Apex Court in the case of Sunderbhai Ambalal Desai (Supra), it seems to be A482 No. 11437 of 2020 2 justified, if the money is released in favour of the applicant, subject to the conditions/satisfaction imposed regarding surety etc. by the learned court below. 11. In view of the above, the impugned orders dated 21.8.2018 and 27.11.2019 are liable to be set aside, and the instant application under Section 482 Cr.P.C. filed against the said impugned orders is capable of being allowed. 12. Accordingly, the application under Section 482 Cr.P.C. is allowed. 13. The court below is directed to act in accordance with the observations herein-above and pass the order after giving an opportunity of hearing afresh to both sides. October 10, 2025 Sumaira A482 No. 11437 of 2020 3 (Tej Pratap Tiwari,J.) Digitally signed by :- SUMAIRA AQUIL High Court of Judicature at Allahabad