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2025 DAILYLAW 2456 (UTT)

Smt. Ranjana Verma v. STATE OF UTTARAKHAND

C482/329/2017 · 2025-08-14

Alok Mahra

body2025

Judgment text

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2025:UHC:7217 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482/329/2017 Hon’ble Alok Mahra, J. Mr. Bhuvnesh Joshi, learned counsel for the applicant. 2. Mr. B.N. Molakhi, learned Deputy A.G. along with Mr. Akshay Latwal, learned A.G.A. for the State. 3. Mr. Raghav Singhal, proxy counsel for Mr. Piyush Garg, learned counsel for respondent no.3. 4. This application under Section 482 Cr.P.C. has been filed by the applicant seeking to quash the order dated 01.09.2014 passed by the learned 1st Additional Sessions Judge, Rishikesh, District Dehradun, in Criminal Misc. No. 2 of 2014, State vs. Ranjana Verma, arising out of offences under Sections 302, 201, 394, 411 read with Section 34 IPC; and further to direct the respondent to release the property recovered from the applicant in S.T. No. 15 of 2008. 5. Learned counsel for the applicant would submit that Sessions Trial No. 15 of 2008 culminated in the acquittal of the present applicant for want of any cogent evidence, and the order of acquittal was passed by the learned 1st Additional Sessions Judge, Rishikesh, District Dehradun on 18.01.2014. He further submits that after being acquitted in the aforesaid case, the applicant moved a release application on 05.05.2014 through counsel before the learned 1st Additional District Judge, Rishikesh, District Dehradun, seeking release of his money and other articles. Similarly, respondent nos. 3 and 4 also moved applications seeking release of the same articles before the same court. 6. Learned counsel for the applicant would further submit that after hearing all the claimants, i.e., the present applicant and 2025:UHC:7217 respondent nos. 3 and 4 at length, the learned 1st Additional District and Sessions Judge, Rishikesh, Dehradun, vide the impugned order dated 01.09.2014, dismissed the applicant’s release application on the ground that an appeal against the order of acquittal in S.T. No. 15 of 2008 was pending before this Court, and therefore the court lacked competence to decide the matter. Hence, the present application has been filed. 7. Learned counsel for the applicant further submits that on the last date of hearing, the learned State counsel was directed to obtain instructions as to whether any appeal had been filed against the order of acquittal. 8. In response, learned State counsel has placed before the Court written instructions received from the S.H.O., Kotwali Rishikesh, Dehradun, stating that no appeal has been filed or is pending against the order of acquittal passed in S.T. No. 15 of 2008. 9. The said instructions are placed on record. 10. In view of the above, the C-482 application is allowed. The order dated 01.09.2014 passed by the learned 1st Additional Sessions Judge, Rishikesh, District Dehradun, in Criminal Misc. No. 2 of 2014 is set aside. Since, as per the instructions of the learned State counsel, no appeal has been filed against the order of acquittal in S.T. No. 15 of 2008, the learned 1st Additional Sessions Judge, Rishikesh, District Dehradun, is requested to decide the applications filed by the applicant and the respondents for release of the recovered articles in S.T. No. 15 of 2008, in accordance with law. 11. Pending applications, if any, stand disposed of. (Alok Mahra, J.) 14.08.2025 Mamta 2025:UHC:7217