1 2025:CGHC:1815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2457 of 2018 1 - Manoharlal Gidwani (Died) Through Lrs. (As Per Honble Court Order Dated 24-09-2024) 1.1 - Seema Devi Gidwani W/o Manoharlal Gidwani Aged About 62 Years R/o Bhakt Kunwar Ram Nagar Ward No. 5, Sindhi Colony, Jarhabhata Bilaspur (M. Corp.) P.O- Bilaspur, District Bilaspur, Chhattisgarh. 1.2 - Nilesh Kumar Gidwani S/o Manoharlal Gidwani Aged About 38 Years R/o Bhakt Kunwar Ram Nagar Ward No. 5, Sindhi Colony, Jarhabhata Bilaspur (M. Corp.) P.O- Bilaspur, District Bilaspur, Chhattisgarh. 1.3 - Nitesh Kumar Gidwani S/o Manoharlal Gidwani Aged About 34 Years R/o Bhakt Kunwar Ram Nagar Ward No. 5, Sindhi Colony, Jarhabhata Bilaspur (M. Corp.) P.O- Bilaspur, District Bilaspur, Chhattisgarh. 1.4 - Nilson Gidwani D/o Manoharlal Gidwani Aged About 32 Years R/o Bhakt Kunwar Ram Nagar Ward No. 5, Sindhi Colony, Jarhabhata Bilaspur (M. Corp.) P.O- Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioners versus State of Chhattisgarh Through District Magistrate, Bilaspur, Chhattisgarh. ---- Respondent For Petitioner : Mr. Anukul Biswas, Advocate. For Respondent/State : Ms. Ankita Shukla, Panel Lawyer. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2025 1. Heard Mr. Anukul Biswas, learned counsel appearing for the petitioners. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for respondent/State. 2. The petitioner has filed the instant petition under Section 482 of CrPC for being aggrieved by the order dated 15.05.2017 passed in Criminal Revision No. 21/2017 by learned Sessions Judge, Bilaspur, District – Bilaspur (C.G.), affirming the order dated 02.12.2016 passed in Criminal Case No. 12576/14 by learned Judicial Magistrate First Class, Bilaspur, District – Bilaspur (C.G.), whereby the revision filed by the petitioner has been dismissed by the learned revisional Court. 3. The prosecution story, in short, is that the petitioner lodged report against one Mrs. Hemlata W/o Karandeep R/o House No. 11/7710 Road No. East Gorakh Park P.S. Welcome Sahdra, Delhi, Stated that the above named Hemlata dishonestly recived Rs. 12,00,000/- from the petitioner from time to time for installation of mobile Tower of Reliance company and for that company give him Rs. 80,000/- as a rent. Therefore, the petitioner gave money to the above named Hemlata for process of mobile Tower. The petitioner deposited the amount in Axis bank account No. 912010042612952 branch office Sector 7 Rohini New Delhi, of 3 the above named Hemlata accounts. The P.S. Civil line registered the case in crime no. 321/2014 under Section 420 of I.P.C. against the above name Hemlata and filed charge-sheet in the absence of above name Hemlata because she was not traced out by Police and declared abscond. P.S. Civil line Bilaspur filed charge sheet before the trial Court of J.M.F.C. and the case was registered in criminal case No. 12576 of 2014 before learned trial court for delivering him amount of Rs. 2,57,532/- deposited in account of Smt. Hemlata in Axis Bank Sector 7 Rohini Delhi because Smt. Hemlata withdrawn rest of the amount. The application on 02.12.2016 because that amount was not seized by Police. The petitioner filed revision petition against that order dated 02.12.2016 before the learned Session Judge Bilaspur in Cr. Revision No. 21/2017. The learned Sessions Judge Bilaspur dismissed the criminal revision on 15.05.2017. Hence, this petition. 4. Learned counsel appearing for the petitioners submits that the order passed by the both the learned court below is bed in law and contrary to law. during the course of investigation police freeze the account of the accused that proceeding amount to part of the investigation and equal to seized of the amount. that amount was deposit by the petitioner and petitioner has right to take Supurdnama of that amount. petitioner ready to give security above that amount it that amount given to the petitioner in Supurdnama. 4 5. Learned counsel appearing for the respondent/State opposes the prayer of the instant petition filed by the petitioner and submits that the trial Court as well as the revisional Court have rightly rejected the application and revision filed by the petitioner, because, as per the charge-sheet no any amount was seized by the Police, and therefore, there is no any question for giving amount to the petitioner, which was deposited in the account of accused Hemlata, further the Axis Bank has already seized the account No. 912010042612952, which is in the name of Hemlata, and therefore, no question of withdrawal of the amount and the amount which was remain in the account of Hemlata is belonging to whom is matter of evidence and same will be decided after evidence. Therefore, the instant petition is devoid of merits and is liable to be dismissed. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the submissions advanced by the learned counsel for the parties, and from the perusal of the judgments/orders of the trial Court as well as the revisional Court, it is clear that after considering all the materials and after applying mind the learned Sessions Judge, Bilaspur, District – Bilaspur (C.G.), has passed the impugned order dated 15.05.2017 in Criminal Revision No. 21/2017, arising out of the order dated 02.12.2016 passed in Criminal Case No. 12576/14 by learned Judicial Magistrate First Class, Bilaspur, District – Bilaspur (C.G.), by which the revision preferred by the petitioner has been dismissed, and there is no 5 illegality and infirmity while passing the impugned order. 8. Accordingly, the instant petitioner under Section 482 Cr.P.C. is devoid of merits, liable to be and is hereby dismissed. 9. A copy of this order be sent to the concerned trial Court for necessary compliance and follow up action, if any. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar