CENTRAL BANK OF INDIA Vs. HUSAINY FAKHRUDDIN & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 968 of 2011, Judgment Date: Jan 31, 2017

                                                                  REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION


                       CRIMINAL APPEAL NO. 968 OF 2011


CENTRAL BANK OF INDIA                                     ...  APPELLANT (S)

                                   VERSUS

HUSAINY FAKHRUDDIN AND OTHERS                             ... RESPONDENT (S)


                          J  U  D  G  M  E  N  T

KURIAN, J.:

Appellant is aggrieved by the impugned judgement whereby the High Court  has
directed the appellant to release the deposits made by Respondents 1  to  4.
When the request for withdrawal  of  the  money  was  being  processed,  the
Central Bureau of Investigation (“CBI”, for short), by  communication  dated
06.12.2005, requested the appellant-Bank  not  to  release  the  deposits  …
“till you receive any reference from  this  office  or  the  Special  Court,
Akola …”.
Respondents 1 to 4 challenged the same before the  High  Court  in  Criminal
Writ Petition No. 496  of  2006.  The  Writ  Petition  was  allowed  by  the
impugned judgment  dated  23.07.2010  directing  the  Bank  to  release  the
amounts, and hence, the appeal.
Learned Counsel  for  the  CBI,  on  instruction,  submits  that  they  have
withdrawn their request to the Bank,  and  from  their  side,  there  is  no
objection for release of the amounts.
In that view of the matter, it is not  necessary  to  go  into  the  various
contentions raised by learned Senior Counsel appearing for the  Bank.  Hence
we leave open all questions of law. The main objection to  the  release  was
the request made by the CBI and hence, this appeal is  disposed  of  with  a
direction to the appellant-Bank to release the deposits made by  Respondents
1 to 4, in case the same are not to be withheld for any  other  reason.  The
needful be done within a week from the date  of  receipt  of  copy  of  this
Judgment.
There shall be no order as to costs.


                                            ..............................J.
                                                             (KURIAN JOSEPH)




                                              ............................J.
                                                         (A. M.  KHANWILKAR)

NEW DELHI;
JANUARY 31, 2017.