Full Order Text
Order 2 · 02 Feb 2023 · CNR DLCT110000852023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: Misc. DJ ASJ/27/2023 CNR No. DLCT11000085-2023 CC No. 27/2023 Jogender Vs. State FIR No. 34/2008 PS ACB 02.02.2023 Present : Ms. Neeta Gupta, Ld. Chief Prosecutor for the State. Counsels Sh. Vaibhav Sharma and Ms. Urvashi Sharma are present for the applicant. Naib Court informs that the IO of FIR No. 34/2008 has already retired. This is an application filed on behalf of Joginder Singh S/o Sh. Kashi Ram seeking de-freezing of his bank account no. 44767 in Punjab & Sind Bank, Babarpur Branch, Shahdara, Delhi. In the body of the application, the applicant has written that the closure report was accepted by this Court on 07.01.023 in this FIR, whereas the FIR No. 34/2008 PS ACB is still pending in this Court and in that matter there is a stay order against one of the accused from Hon'ble Supreme Court vide order dated 16.12.2013 in SLP (Crl.) 7210-7211 of 2013 qua one of the accused. Along with the application in question, the applicant has also filed a copy of the order of this Court dated 07.01.2023, but the said order is in another FIR no. 21/2009 and not in the FIR no. 34/2008 under which the present application has been filed. It seems that the applicant has filed the application under wrong particulars. Neither in the FIR no. 34/2008 any closure report was filed as claimed in the application, nor any closure report has been accepted by this Court on 07.01.2023 in FIR no. 34/2008. Ld. Counsel for the applicant submits that account of the applicant was freezed in FIR no. 34/2008 and not in FIR no. 21/2009 of PS Misc. DJ ASJ/27/2023 CNR No. DLCT11000085-2023 CC No. 27/2023 Jogender Vs. State FIR No. 34/2008 PS ACB Dated 02.02.2023 Pg. 1 -- 1 of 2 -- ACB. As the Naib Court informs that the IO of FIR no. 34/2008 is retired, let the SHO, PS ACB depute a Pairvi Officer who can file a response. Meanwhile, IO of FIR no. 21/2009 is also directed to remain present and a copy of this application be supplied to the SHO, ACB as well as the IO of FIR no. 21/2009. Put up this application on 15.02.2023. (Dig Vinay Singh) Special Judge (PC ACT) ACB-02 Rouse Avenue Courts New Delhi / 02.02.2023 At 11.00 AM 02.02.2023 At this stage, retired ACP K. R. Meena, the IO of the case appears and he files his reply in which he has mentioned that the earlier IO of case FIR no. 34 of 2008 had freezed the account of the applicant and thereafter another FIR no. 21/2009 was registered against K. G. Tyagi U/s 13(1)(e) of the POC Act and the case property i.e. account having some amount became case property of FIR No. 21/2009. The reply is taken on record and on the next date of hearing, let the SHO, PS ACB and the IO of case FIR No. 21/2009 file their respective responses to the application. Put up on date fixed i.e. 15.02.2023. (Dig Vinay Singh) Special Judge (PC ACT) ACB-02 Rouse Avenue Courts New Delhi / 02.02.2023 (r) Misc. DJ ASJ/27/2023 CNR No. DLCT11000085-2023 CC No. 27/2023 Jogender Vs. State FIR No. 34/2008 PS ACB Dated 02.02.2023 Pg. 2 -- 2 of 2 --