IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION NO.40352/2017 (GM-RES) BETWEEN:
C.E. NANJARAJAIAH @ RAJANNA S/O EREGOWDA AGED 50 YEARS R/O RAMESHWARA NILAYA 3RD MAIN, 6TH CROSS HEMAVATHI NAGARA HASSAN DISTRICT – 573 201.
... PETITIONER (BY SRI RAHUL RAI K., ADV.,) AND:
THE STATE OF KARNATAKA THROUGH HASSAN CITY POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 001.
(BY SRI S. RACHAIAH, HCGP) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CR.P.C., PRAYING TO QUASH THE ORDER DATED 27.09.2016 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND CJM, HASSAN IN CR.NO.19/2016 VIDE ANNEXURE-A AND ALSO QUASH THE ORDER DATED 28.04.2017 PASSED BY THE LEARNED 5TH ADDL. DISTRICT & SESSIONS JUDGE, HASSAN IN CRIMINAL REVISION PETITIN NO.19/2017 VIDE ANNEXURE-B AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioner and perused the orders impugned in this petition passed by the 5th Additional District and Sessions Judge, Hassan in Crl.R.P.No.19/2017 dated 28.04.2017 dismissing the revision petition filed by the petitioner.
2. It is the case of the petitioner that Hassan City Police have registered a case in Crime No.232/2016 and in connection with the same, the police have seized an amount of `48,50,000/- and the same was recovered at the instance of the accused persons. After completion of the investigation, charge sheet came to be filed and thereafter, case was committed to the Court of Sessions and the same has been registered in S.C.No.193/2016 on the file of 5th Addl. District and Sessions Judge, Hassan. When the matter was pending before the jurisdictional Magistrate for committal, it appears that the petitioner filed an application under Section 457 of Cr.P.C. seeking for release of the said recovered amount claiming that he is the owner of the said property. The trial Court has rejected the said application, against which criminal revision petition has been filed. The Revisional Court has also rejected the revision petition mainly on the ground that Revision Court is not having ample power to examine whether there are any rival claimants for the said currency notes etc. The Court felt that the Court has to give an opportunity to the accused persons from whom the said currency notes have been recovered. Therefore, on that ground the Revisoinal Court has rejected the revision petition.
3. When the matter has been committed to the Court of Sessions and the accused has already been appeared before the Sessions Court in SC No.193/2016, the Revisional Court itself would have disposed of the said application under Section 457 of Cr.P.C. after giving an opportunity to the accused. But instead of that, it examined the propriety of the order passed by the trial Court and disposed of the revision petition.
4. Under the above said circumstances, if the petitioner wants to file an appropriate application before the Sessions Court, he is at liberty to file an application under Section 457 of Cr.P.C. afresh before the Sessions Court for release of the said amount and in that eventuality, the Sessions Court is hereby directed to hear the necessary parties, look into the entire records and dispose of the said application in accordance with law.
5. The Sessions Court should decide the said application on merits without being influenced by the earlier orders passed by it. Accordingly, writ petition is disposed of.
Sd/- JUDGE SA