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High Court of DelhiCRL.M.C./2995/2016

Ashok Kumar Singhal & ORS v. State & ANR

2016-12-02Hon'Ble Ms. Justice Mukta Gupta2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2995/2016 ASHOK KUMAR SINGHAL & ORS ..... Petitioner Represented by:

Mr. Roshan Santhalia, Adv.

versus STATE & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI S.P. Samaria, PS Najafgarh.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.02.2017 Crl.M.A. 2644/2017 1.

Notice. Learned APP for the State accepts notice. 2.

By this application, petitioner No.1./applicant seeks clarification of the order dated 2nd December, 2016 for releasing of a sum of ₹25 lakhs deposited in terms of order dated 12th March, 2010. 3.

Pursuant to orders dated 12th March, 2010 and 3rd March, 2011 passed in Bail Appln. No.456/2010 filed by petitioner No.1 Ashok Kumar Singhal, a sum of ₹25 lakhs was deposited before this Court. 4.

In the present petition, petitioner No.1 Ashok Kumar Singhal along with two other petitioners had sought quashing of FIR No.307/2009 under Sections 420/468/471/120B IPC registered at PS Najafgarh on the ground that the parties have settled the matter. Statements of the petitioners and respondent No.2 were recorded. Respondent No.2 stated that he had no objection for the withdrawal of ₹25 lakhs deposited before this Court pursuant to order dated 12th March, 2010 in Bail Appln. No.456/2010 along

with the interest accrued thereon.

5.

Though in the order dated 2nd December, 2016 this Court noted that the amount be released to the petitioners, however from a perusal of the order dated 12th March, 2010 and 17th March, 2011 passed in Bail Appln. No.456/2010 it is evident that ₹25 lakhs were deposited by petitioner No.1 Ashok Kumar Singhal. Thus, the order dated 2nd December, 2016 passed by this court in the present petition is required to be clarified. The registry is now directed to released ₹25 lakhs deposited pursuant to order dated 12th March, 2010 in Bail Appln. No.456/2010 to petitioner No.1 Ashok Kumar Singhal along with interest accrued thereon.

6.

Application is disposed of clarifying the order dated 2nd December, 2016.

7.

Order dasti.

MUKTA GUPTA, J.

FEBRUARY 15, 2017 'v mittal'