IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.12656 OF 2016 (GM-POLICE) BETWEEN:
SMT.REKHA KUMARI W/O DINESH KUMAR JAIN AGED ABOUT 51 YEARS PROPRIETOR LAKSHMI JEWELLERS GOLDEN COMPLEX GANDHI BAZAR SHIVAMOGGA-577 202 (BY SRI.H.L.JAYARAMU, ADV.) AND:
… PETITIONER 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMISSIONER OF POLICE INFANTRY ROAD BENGALURU-560 001 3. THE INSPECTOR GENERAL OF POLICE BENGALURU -560 001 4. THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201 5. THE POLICE INSPECTOR KOTE POLICE STATION SHIVAMOGGA-577 202 6. THE POLICE INSPECTOR DODDAPETE POLICE STATION SHIVAMOGGA-577 201 7. THE POLICE INSPECTOR VINOBANAGAR POLICE STATION SHIVAMOGGA-577 203 8. THE POLICE INSPECTOR THUNGANAGAR POLICE STATION SHIVAMOGGA-577 203 … RESPONDENTS (BY SRI.VIJAY KUMAR A. PATIL, AGA FOR R1 TO R6; V/O DATED 21.03.2016, NOTIFYING THE R7 & R8 DOES NOT ARISE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO R4 TO TAKE ACTION AGAINST THE RESPONDENT LOCAL POLICE OFFICERS AND DIRECCT THEM TO RETURN THE GOLD AND CASH AMOUNT ILLEGALLY COLLECTED FROM THE PETITIONER FORTHWITH AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. H.L. Jayaramu, learned counsel for the petitioner.
Sri. Vijay Kumar A. Patil, learned Additional Government Advocate for respondent Nos.1 and 6.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a direction to respondent Nos.1 to 4 to consider the representation of the petitioner dated 04.03.2016 produced at Annexure-F.
3. When the matter was taken up today, learned Additional Government Advocate while inviting the attention of this Court to the objections filed on behalf of the respondents submits that the gold articles have been seized in pursuance of the investigation and the charge sheet has already been filed before the trial Court. Therefore, the appropriate remedy to the petitioner is to approach the trial Court by moving an application.
4. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to make an appropriate application with regard to his grievance before the trial Court.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
sd/- JUDGE Mds/-