Virender Kumar v. State Of Punjab And Others




    
  Date of Decision : September 17, 2024 VIRENDER KUMAR -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Vaibhav Sharma, Advocate with Mr. Adarsh Dubey, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. Rehat Bir Singh Mann, Advocate with Mr. Syed Arham Masud, Advocate and Mr. Wasif Naushad, Advocate for the respondent No.3.

*** KULDEEP TIWARI, J. (ORAL) 1.

On 23.08.2024, this Court had passed the hereinafter extracted order upon the instant petition:-
      

 

   



  

         

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3 2.

Today, the learned State counsel, on instructions imparted to him by the official concerned, submits that the respondent No.3 had joined the investigation and she is not required for further investigation. He further submits that the investigating agency is in the process of filing the Final Report qua the petitioner, before the learned Magistrate/trial Court concerned.

3.

The learned counsel for the respondent No.3 also submits that, in deference to the directions (supra) issued by this Court, the respondent No.3 has made the following deposits in favour of the petitioner/ complainant (Mr. Virender Kumar), documents whereof have been accepted and taken on record by the learned Chief Judicial Magistrate, Ludhiana:-

(i) FDR of ₹ 2 crores 12 lacs (ii) Demand Draft of ₹ 15 lacs 4.

The learned counsel for the respondent No.3 further submits that, in compliance of directions issued by this Court on 23.08.2024, in CRM-M7722-2024, an application has also been made by the respondent No.3 before Registry of this Court, thereby seeking permission to withdraw the amount of ₹ 15 lacs, so that a new demand draft of an alike amount could be prepared in favour of the petitioner/ complainant (Mr. Virender Kumar) and then furnished before the learned Magistrate concerned. 5.

In view of the submissions made hereinabove, when the monetary interest of the petitioner has been secured by the respondent No.3, through hers making the deposits (supra), besides making a deposit of ₹ 20 lacs prior in time before the learned Magistrate concerned in compliance of directions dated 17.07.2024, therefore, the learned counsel for the petitioner submits that he does not want to press the instant petition. 6.

Consequently, the instant petition is dismissed, as not pressed. 7.

It is clarified that the respondent No.3 is at liberty to travel abroad, but, only during the period 20.09.2024 to 10.12.2024. The respondent No.3 is directed to record her personal appearance before the learned Magistrate/trial Court concerned on 12.12.2024. Since the passport of the respondent No.3 is seized, therefore, for enabling her to travel abroad, she is also at liberty to make an appropriate application before the learned Magistrate/trial Court concerned for release thereof. In case, any such application is filed by the respondent No.3, the learned Magistrate/trial Court concerned is directed to forthwith decide it.

8.

It is also clarified that, in case, the respondent No.3 visits abroad, but, fails to return within the stipulated period and fails to record her personal appearance before the learned Magistrate/trial Court concerned, the entire amount deposited by her, in the shape of FDR(s)/Demand Draft(s), shall be confiscated and payable to the petitioner/complainant (Mr. Virender Kumar) as compensation and this shall not affect the latter's right to proceed in the present FIR, in accordance with law, against the respondent No.3 and other co-accused.

9.

Needless to say, if the respondent No.3 returns to India within the stipulated period and records her personal appearance before the learned Magistrate/trial Court concerned on 12.12.2024, the entire amount (supra) deposited by her, shall be returned to her. (KULDEEP TIWARI) September 17, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No