Karnataka High Court
Pakkirappa S/O. Late Kanakappa vs State Of Karnataka on 19 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:3348
WP No. 103699 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 103699 OF 2022 (GM-RES)
BETWEEN:
PAKKIRAPPA S/O. LATE KANAKAPPA
AGED ABOUT 32 YEARS,
RESIDING AT KAKKURU VILLAGE,
MUNDARAGI TALUK,
NOW RESIDING AT. APMC,
H B HALLI, H B TALUK, BALLARI DISTRICT.
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS HAGARIBOMMANAHALLI POLICE,
R/BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. RESERVE BANK OF INDIA
NO.10/3/8, NRUPATHUNGA ROAD,
Digitally signed by B
K
P.B. NO.5467, BENGALURU-560001,
MAHENDRAKUMAR
Location: HIGH
R/BY ASSISTANT GENERAL MANAGER.
COURT OF
KARNATAKA
...RESPONDENTS
DHARWAD BENCH
Date: 2025.02.28 (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1;
12:30:01 +0530
SRI. VINAY GIRI, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA R/W SEC.482 OF Cr.P.C.,
PRAYING TO, ISSUE WRIT OF CERTIORARI, QUASHING THE
ORDER DATED 17/02/2022 PASSED BY THE SENIOR CIVIL JUDGE
AND JMFC, H B HALLI IN C.C.NO.101/2018 WHICH IS PRODUCED AT
ANNEXURE-F INSOFAR AS NOT GRANTING ENTIRE RELIEF AND
CONSEQUENTLY ALLOW THE ENTIRE APPLICATION AT
ANNEXURE-E DATED 25.01.2022 AND ETC.
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NC: 2025:KHC-D:3348
WP No. 103699 of 2022
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner has been acquitted of the offence punishable under Section 78(3) of the Karnataka Police Act and Section 420 of the Indian Penal Code, 1860. During the investigation, cash amounting to Rs.80,100 was seized from the petitioner. Upon his acquittal, an order was passed directing that the seized cash be returned to him.
2. The petitioner then filed an application before the Trial Court seeking that the serial numbers of the currency notes seized by the law enforcement agency be specified. The Trial Court rejected the application, stating that there was no basis for specifying the serial numbers of the notes returned to the petitioner, since the law enforcement agency had not recorded the serial numbers at the time of seizure.
3. The petitioner submitted a representation, dated 10.11.2021, to the Manager of the Reserve Bank of India in Bangalore, requesting that the demonetized notes be exchanged with reference to their serial numbers. Admittedly, cash amounting to Rs.91,200 has been returned to the petitioner, and therefore, the Trial Court is required to specify the serial numbers. Consequently, it is appropriate to direct the Trial Court to specify the serial numbers of the demonetized currency notes after verifying them.
-3-NC: 2025:KHC-D:3348 WP No. 103699 of 2022
4. Accordingly, the Writ Petition is allowed. The impugned order dated 17.02.2022 passed in C.C. No.101/2018 by the Senior Civil Judge and JMFC, Hagaribommanahalli, insofar as it relates to refusing to specify the serial numbers of the demonetized currency notes, is hereby set aside.
5. The learned Magistrate to specify the serial numbers of the demonetized currency notes. The petitioner is permitted to exchange the demonetized currency notes, in accordance with law.
6. Pending I.As., if any, do not survive for consideration and are disposed off accordingly.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 57