Karnataka High Court
Sri. Mohammed Harish vs The State Of Karnataka on 29 August, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
WRIT PETITION NO.28280/2018
Between:
Sri Mohammed Harish
S/o Abdul Rahiman,
Aged about 29 years,
R/at: House No.2-292,
Manimajalu House,
Golthamajalu Village,
Bantwal Taluk,
D.K. District-574 222. ...Petitioner
(By Sri B.Lethif, Advocate)
And:
The State of Karnataka
By Bantwal Town Police Station,
D.K. District,
Rep. by State Public Prosecutor,
High Court of Karnataka,
High Court Building,
Bengaluru-560 001. ...Respondent
(By Sri S. Rachaiah, HCGP)
This Writ petition is filed under articles 226 & 227 of
the Constitution of India read with section 482 of Cr.P.C
praying to quash the order dated 03.11.2017 in Crime
No.152/2017 on a application filed under Section 457 of
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Cr.P.C on the file of the Additional Civil Judge and JMFC,
Bantwal, D.K., and same is confirmed in criminal revision
petition No.2/2018 dated 08.03.2018 on the file of Prl.
Sessions Judge, D.K. Mangaluru vide annexure-A and B
respectively, consequently allow the application filed under
Sec. 457 of Cr.P.C dated 03.07.2017.
This Writ petition coming on for Admission, this day,
the Court made the following:
ORDER
Learned HCGP takes notice for the respondent.
2. Heard learned counsel for the petitioner and learned HCGP for respondent.
3. The only grievance made out by the petitioner is that the application filed by the petitioner for release of his vehicle under Section 457 of Cr.P.C has been rejected by the courts below for the reason that the further proceedings in Crime No.152/2017 is stayed by this Court by order dated 20.09.2017 in W.P.No.40915-40923/2017.
4. The undisputed facts are that Crime No.152/2017 came to be registered on 3 13.06.2017 based on the complaint lodged by one Rakshith A.K for the offences punishable under Sections 143, 147, 148, 504, 332, 324, 353, 427, 307, 153 (A) read with Section 149 of IPC.
5. The petitioner herein was initially not shown as accused in the FIR . However, in the remand application submitted by Investigating Agency, he was shown as one of the co-accused. In the course of the investigation, the vehicle bearing registration No. KA- 19-MA-2603 came to be seized from his possession. The application filed by him for release of the said vehicle under Sections 451 and 457 of Cr.P.C came to be rejected by the learned Magistrate vide order dated 03.11.2017. Even the revision petition preferred against the said order has been dismissed by the Principal Sessions Judge, Mangaluru by order dated 08.03.2018 in Criminal Revision Petition No.2/2018. 4
6. Learned HCGP does not dispute the fact that the petitioner is the RC owner of the involved vehicle.
7. Learned Counsel for the petitioner has produced copy of the RC before this court. The courts below have also accepted the ownership of the petitioner, but have refused relief to the petitioner solely on the ground that this Court has passed an interim order staying further investigation in the aforesaid Crime No.152/2017.
8. Learned counsel for the petitioner has brought to my notice that subsequent to this order, the very same court has released the vehicle to one of the co-accused by an order dated 17.11.2011. Irrespective of the said order, in my view, the interim order granted by this court staying further investigation in crime No.152/2017 does not prevent the court from passing an appropriate order for release of the vehicle to the Interim custody of the person who is entitled thereto. 5 The trial court was required to consider the application in the light of the guidelines laid down by Hon'ble Supreme Court of India in the case of Sunderbhai Ambalal Desai V/s. State of Gujarat, reported in AIR 2003 SC 638.
9. Since both the courts below failed to exercise of the jurisdiction vested in them, impugned orders cannot be sustained. Accordingly, the impugned orders are set-aside.
10. The matter is remanded to the trial court. Trial Court shall take up the matter and pass appropriate orders on the application filed by the petitioner under Sections 451 and 457 of Cr.P.C. within seven days from the date of producing a copy of this order.
Petition is allowed accordingly.
Sd/-
JUDGE ds/HA