IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.9199 OF 2016 BETWEEN:
SMT MEENA RANI W/O SRI MANJUNATH, AGED ABOUT 33 YEARS, R/AT SALAHUNASE, NEAR RAMESH NAGAR, UDAYAPURA POST, KANAKAPURA MAIN ROAD, SOUTH TALUK, BANGALORE-82 ... PETITIONER (BY SMT: CHAMPOOKAVYA.S. ADVOCATE FOR SRI: SUNIL SASTRY M, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY HALASURU GATE POLICE STATION, BENGALURU-560002.
2. M/S UNIVERSAL TOOL CORPORATION NO.27/2, SARDAR PATRAPPA ROAD, BANGALORE-560002 REPRESENTED BY MANAGING PARTNERS A. SRI. ABBAS B. SRI. B.V. SHABBIR ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 MS. MANASI SHARMA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LX ADDL. C.C. AND S.J., BANGALORE DATED 10.11.2016 VIDE CRL.RP.NO.109/2014 VIDE ANNEXURE-A AND DIRECT THE RESPONDENT NO.1 TO RELEASE THE PF NO.28/2002 (ITEM NO.1 TO 21) PENDING ON THE FILE OF VI A.C.M.M., BANGALORE IN C.C.NO.15233/2002 ON CR.NO.609/2002, ULSOOR GATE P.S., IN FAVOUR OF THE PETITIONER.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner and respondent No.2 herein moved separate applications before the trial court for release of the properties seized by respondent No.1 in Crime No.609/2002 (C.C.No.15233/2002). Learned Magistrate dismissed both the applications on the ground that the respective claimants failed to produce necessary documents in support of their ownership over the seized properties. As against the said order, respondent No.2 M/s.Universal Tool Corporation approached this Court by preferring a Criminal Revision Petition No.755/2014 and by order dated 13.04.2016, respondent No.2 M/s.Universal Tool Corporation was permitted to approach the VI Additional C.M.M. Judge, Bengaluru under section 452 of Cr.P.C. The other claimant Smt.Meena Rani approached the Sessions Court in Crl.R.P.No.109/2014. In the said revision petition, M/s.Universal Tool Corporation was arraigned as respondent No.2. By order dated 10.11.2016, the LX Additional City Civil & Sessions Judge, Bengaluru dismissed the criminal revision petition and directed to release the properties in PF No.28/2002 in favour of respondent No.2 therein namely M/s.Universal Tool Corporation.
2. It is apparent that unmindful of the order passed by this Court in Criminal Revision Petition No.755/2014, learned Sessions Judge has passed the impugned order directing release of the properties to respondent No.2 namely M/s.Universal Tools Corporation. The said order being contrary to the order passed by this Court in Criminal Revision Petition No.755/2014, the same cannot be sustained.
Accordingly, the petition is allowed. The impugned order dated 10.11.2016 passed in Criminal Revision Petition No.109/2014 is set-aside. The matter is remanded to the VI Additional CMM, Bengaluru. Learned Magistrate shall hold an enquiry on the rival claims made by the parties in accordance with section 452 of Cr.P.C. and decide the controversy as expeditiously as possible within an outer limit of three months from the date of communication of this order.
Both the rival claimants are directed to appear before the learned Magistrate to take further orders on 07.03.2019 without any further notice.
Sd/- JUDGE Bss