IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.25054/2016 (GM-RES) BETWEEN:
K.N. SOMASHEKAR AGED ABOUT 44 YEARS S/O. DR. K.J.NINGE GOWDA 2ND FLOOR, FLAT NO.5 R/A NO.93, WEST GATE MANOR R.V.ROAD, BASAVANAGUDI BANGALORE-560 004. …PETITIONER (BY SRI PRINCE ISAC, ADV.) AND:
1. THE STATE REPRESENTED BY BILIKERE POLICE HUNSUR TALUK MYSORE DISTRICT.
2. THE DEPUTY DIRECTOR OF INCOME TAX, (INVESTIGATION) MYSORE INCOME TAX OFFICE 55/1, SHILPA SHREE BUILDING OPP: STERLING THEATRE VISHWESHARANAGAR MYSORE. …RESPONDENTS (BY SRI K.P. YOGANNA, HCGP FOR R1 SRI K.V. ARAVIND, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO RELEASE THE MONEY SEIZED UNDER PF. NO.92/2014 ON THE FILES OF THE CIVIL JUDGE AND JMFC, HUNSUR WHICH WAS INVESTIGATED IN FAVOUR OF THE PETITIONER AND TO CONSIDER ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondent No.1 and file memo of appearance in four weeks.
2. The petitioner is before this Court seeking issue of mandamus to direct the respondent No.2 to release the money seized in P.F.No.92/2014 in the proceedings pending before the Civil Judge and JMFC, Hunsur.
3. Though such prayer is made in the instant petition, the learned Government Advocate would point out that, even as per the averments as put forth by the petitioner and the documents produced along with the writ petition, the same would indicate that as per the order dated 12.02.2016 (Annexure-F), the learned Magistrate has already considered the application filed by the petitioner under Section 457 of the Criminal Procedure Code and an order is passed rejecting the application, since the amount has already been released to the Income Tax Department.
4. If that be the position, the mandamus as sought in the instant petition would not lie. If at all the petitioner is aggrieved by the order passed by the learned Magistrate, the petitioner is required to avail such remedy to assail the order in accordance with law.
Hence, reserving such liberty to the petitioner, the petition stands disposed of.
Sd/- JUDGE ST