IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA W.P. No. 51503/2017 AND W.P. No.52767/2017 (GM-RES) BETWEEN 1. SMT. ASHWATHAMMA, D/O. LAKSHMAMMA, AGED ABOUT 50 YEARS, OCC: HOUSE WIFE, 2. SMT. LAKSHMAMMA @ LAKKAMMA, W/O. CHIKKAMARAIAH, AGED ABOUT 85 YEARS, OCC: HOUSE WIFE, BOTH THE PETITIONERS ARE R/AT KAMMASANDRA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, PIN-562 123. ... PETITIONERS (BY SRI. SUBRAHMANYA P. D., ADV.) AND 1. THE STATE OF KARNATAKA, BY MADANAYAKANAHALLI POLICE STATION, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123, NOW REP. BY SPP, HIGH COURT BUILDING, BENGALURU.
2. THE VIJAYA BANK, MADANAYAKANAHALLI BRANCH, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123, REP. BY ITS MANAGER.
3. THE CANARA BANK, MADANAYAKANAHALLI BRANCH, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123, REP. BY ITS MANAGER.
4. SMT. HONNADEVI, D/O. MAREGOWDA, W/O. DANANJAYA, AGED ABOUT 32 YEARS, R/AT KAMMASANDRA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, PIN: 562 123. ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1) THESE W.P’S ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SEC.482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO SET ASIDE THE ORDER DTD 13.04.2017 MADE IN CR.NO.576/2016 (REGISTERED AS C.C.NO.1848/2017 VIDE ANNEXURE-X) PASSED BY THE ADDL CIVIL JUDGE AND JMFC, NELAMANGALA BEING ARBITRARY, ERRONEOUS AND NOT SUSTAINABLE IN LAW, ETC..
THESE W.P’S COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
Perused the records.
2. The petitioners have called in question the order dated 13.04.2017 passed by the Additional Civil Judge and JMFC, Nelamangala, in Crime No.576/2016.
3. In the said case, the PSI (Law and Order), Madanayakanahalli Police Station, Dasanapura Hobli, Bengaluru North Taluk, has sought for a direction to transfer certain amount detailed in requisition and deposited at Vijaya Bank in the name of Honnadevi, to the account of the complainant-Ashwathamma and permit her to draw the same.
4. The court in the said order has observed that, the matter is still under investigation and the court without looking into the material on record cannot pass such an order and also there is no such provision to pass such an order, when the matter is still in the stage of investigation.
5. Learned counsel submits that the charge sheet has already been filed. In that eventuality, if the complainant is aggrieved by any act of the police during the course of investigation or if she is entitled for any such seized or freezed property during the course of investigation, the complainant can make an application to the jurisdictional Magistrate. Now the charge sheet being filed, the learned Magistrate can look into the materials on record and pass appropriate order in accordance with law.
With the above observation, the petitions are dismissed.
Sd/-
JUDGE KGR*