Anandamurthy vs State Of Karnataka on 13 June, 2018

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Karnataka High Court

Anandamurthy vs State Of Karnataka on 13 June, 2018

Bench: K.N.Phaneendra

                             1



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 13TH DAY OF JUNE 2018

                           BEFORE

       THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

        CRIMINAL PETITION NO.850 OF 2018

BETWEEN:

Anandamurthy
S/o Basavaiah
Major,
R/o. Gnaguru Village
Halebeedu Hobli, Belur Taluk
Hassan District - 573 201.

Represented by their GPA Holder:
Thejamurthy
S/o Rameshwaraiah
Aged about 55 years
R/at Chatachatanhalli Village
Halebeedu Hobli, Belur Taluk
Hassan District - 573 201.          ...PETITIONER

(By Sri.Jagadeesh H.T., Advocate)

AND:

State of Karnataka
Halebeedu Police,
Beluru
Hassan District - 573201

Represented by S.P.P.
High Court of Karnataka,
                                 2



Bangalore - 560001.                             ...RESPONDENT

(By Sri.S.Rachaiah, HCGP)

      This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to set aside the order dated 31.10.2017
passed by the Principal Sessions Judge, Hassan in
Crl.RP.No.305/2017 by allowing this petition with cost.

      This Criminal Petition coming on for Admission, this
day, the Court made the following:


                          ORDER

Heard the learned counsel for the petitioner. Perused the records.

2. The trial Court has dismissed the application filed by the petitioner under Section 457 with regard to release of a tractor bearing its Registration No.KA-46-NT- 000057/2016-17 which was seized in connection with the Crime No.209/2017 of Halebeedu Police Station on the ground that the petitioner had no valid certificate of registration. The said order of the Magistrate dated 01.09.2017 was called in question before the Principal Sessions Judge at Hassan in Crl.RP No.305/2017 and the said Revision Petition was allowed in part wherein the 3 trailer was released in favour of the petitioner, however, rejected the petition in so far as the tractor is concerned. Against which, the present petition is filed.

3. The learned counsel for the petitioner relied upon the Temporary Certificate of Registration issued by ARTO, Sakleshpur on 07.02.2017. The said document discloses that it was temporarily issued and it was valid upto 28.02.2017. Therefore, as on the date of seizure of the vehicle, the petitioner has not got renewed the Certificate of Registration nor obtained the regular Certificate of Registration. Therefore, both the Courts below have rightly rejected the application and I do not find strong reasons to interfere with the impugned order. Accordingly, the Criminal Petition is dismissed.

However, it is made clear that the petitioner can move the trial Court with appropriate application with proper Certificate of Registration or renewed Temporary Certificate of Registration. In that eventuality, without 4 being influenced by its earlier order, the trial Court has to consider the said application afresh in accordance with law.

Sd/-

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Karnataka High Court