1 2025:CGHC:57515 The date when the judgment is reserved The date when the judgment is pronounced The date when the judgment is uploaded on the website Operative Full -- -- -- 26.11.2025 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 3140 of 2025  V.K. Gupta, S/o Late Shri K.M. Gupta, aged about 79 years, retired Divisional Engineer (Civil), H.S.C.L., New Delhi, R/o K.e.-30, New Kavi Nagar, Ghaziabad (U.P.) ... Petitioner versus  State of Madhya Pradesh Through CBI, Jabalpur (Now State of Chhattisgarh), CBI Office Bhilai, District Durg (C.G.) ... Respondent For Petitioner(s) : Mr. Anand Dadariya, Advocate For Respondent : Mr. Himanshu Pandey, Advocate on behalf of Mr. B. Gopa Kumar, Advocate. Hon'ble Smt. Justice Rajani Dubey 2 Order On Board 26/11/2025 1. Heard. 2. Admit. 3. The petitioner has filed this CRMP seeking modification of order judgment dated 25.09.2024 passed in CRA No.1315/2003 directing the learned Trial Court to return/release the valuable securities lying in original with the record of the Trial Court. 4. The petitioner has also prays for setting aside and quashment of order dated 28.06.2025 passed in unregistered case (F.No.4522/2025) by the learned Special Judge, (C.B.I.), District Raipur (C.G.), whereby the application filed under Section 452 of Cr.P.C. to the extent of return/release of valuable securities (Share Certificate, Debentures Bonds, LIC Policies, UTI certificates etc.), which has been rejected. 5. Learned counsel for the petitioner would submit that since the petitioner has been acquitted of all the charges by virtue of this Court’s order dated 25.09.2024 passed in CRA No.1315/2003, the petitioner is entitled to receive his original securities which was seized by the respondent/CBI 3 during trial, but in absence of any order in this regard in judgment dated 25.09.2024, he is facing hardship in obtaining his original securities. Therefore, the judgment dated 25.09.2024 (Annexure P-1) may be modified accordingly. 6. Learned counsel appearing for the respondent/CBI has however formally opposed the prayer of the petitioner but it is admitted fact that before the learned Special Judge (C.B.I.), Raipur, the C.B.I. has filed its return stating therein that they do not intent to file any appeal against the judgment of acquittal passed by this Court. 7. I have heard learned counsel for the parties and perused the order dated 28.06.2025 passed by learned Special Judge (C.B.I.), District Raipur (C.G.), whereby the application filed by the petitioner herein seeking return of valuable securities (Share Certificate, Debentures Bonds, LIC Policies, UTI certificates etc.), has been rejected on the ground that the learned Trial Court had not passed any order regarding the disposition of the seized shares and debenture certificates in the impugned judgment which was challenged before the High Court, and if the petitioner was aggrieved by that order, he could have filed an appeal under 4 Section 454 of the Cr.P.C. and the petitioner herein had not filed any appeal in this regard. The ground of rejection was also that the judgment dated 25.09.2024 passed in CRA No.1315/2003 by this Court acquitting the petitioner of all the charges, does not contain any separate order regarding the disposition of the seized property in the case. However, there is mention at the bottom of trial Court’s judgment that in the event of an appeal being filed, the disposal of the assets in the case be done in accordance with the order of the Appellate Court. 8. Considering the overall facts and circumstances of the case and in view of the acquittal of the petitioner of all charges and there being no subsisting order of confiscation or retention of the seized articles, it is hereby held that the petitioner is entitled to restoration of the original securities seized during investigation, including share certificates, debenture bonds, LIC policies, UTI certificates and all other valuable securities of the petitioner seized during the trial. 9. Accordingly, the order dated 28.06.2025 passed by the learned Special Judge (C.B.I.), District Raipur (C.G.) (Annexure P-2) is set aside and judgment dated 25.09.2024 passed by this Court is modified to the extent indicated 5 herein above. Rest of the part of the judgment dated 25.09.2024 shall remain intact. 10. The concerned Trial Court is directed to return the said original securities to the petitioner forthwith, after due verification of identity and acknowledgment. 11. The copy of this order be supplied to the learned counsel for the petitioner along with copy of judgment passed in CRA No.1315/2003. 12. With the modification as aforesaid, CRMP stands disposed of. Sd/- (Rajani Dubey) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2025.11.26 18:09:33 +0530