2022 (12) TMI 1511

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tition coming on for hearing this day, the Court passed the following: This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :- "7.1 That, the impugned order annexure P-1 passed by respondent no. 4 may kindly be set aside. 7.2 That, the relevant respondent authority may kindly be directed to provide penal interest to the petitioner and conduct the inquiry against the erring officials and punish his suitably as per law within in a stipulated period of one month. 7.3 That, any other relief justice into the matter including cost of petition advocate fee etc. may also kindly be awarded to the petitioner in the interest of justice. 7.4 That, in view of the annexure P-5 to P-9, the impug....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....miti Manager and because of that the Samiti Prabandkhak wants to dispute bank statement of Rameshwar account No.4856 whereas the said amount has nothing to do with the bank as well as the criminal case. 3. Accordingly, the petitioner made an application to the General Manager, Zila Sehkari, Maryadit Branch, Basai seeking some explanation about the steps taken by the Authority. Thereafter, petitioner also represented to the Collector, District- Datia (M.P.) and Zila Sehkari, Kendriya Bank Maryadit, Datia by its letter dated 03/07/2018 informed the Collector that petitioner has already been acquitted by the judgment dated 18/01/2018 passed in S.C. No.37/2015 against which criminal appeal No.15603/2018 is pending before the High Court (Gwalio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cquittal is pending. 4. Per contra, petition is vehemently opposed by the counsel for the State. It is submitted by Shri S.K. Sharma that the appeal against acquittal is continuation of prosecution of the petitioner, and therefore, so long the appeal against acquittal is pending, the petitioner is not entitled for release of amount and thus, the amount has been properly kept in a freezed condition. 5. Counsel for the respondent No.3 submitted that it has frozen the account of the petitioner on the instruction of the authorities and would act in accordance with directions given by this Court. 6. Heard the counsel for the parties. 7. It is the case of the petitioner that account No.4856 of the petitioner was frozen under the order of Uppe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e regarded as a continuation of trial/prosecution and also cannot be treated to be pendency of judicial proceedings as the initial presumption of innocence gets re-enforced by the order of acquittal. 11. Counsel for the State is incorrect in submitting that the appeal against the acquittal is a continuation of trial. Once a person has been acquitted irrespective of the fact that whether any appeal against his acquittal is pending or not, he becomes entitled for the benefits which otherwise would have accrued to him without there being any finding of guilt against the petitioner specifically when the account No.4856 is not a subject matter of the criminal trial. 12. It is really surprising that how the State Government is insisting that th....