Karnataka High Court
M M Umesh vs State By Lokayuktha Police on 7 July, 2014
1 Crl.RP 325/14
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7TH DAY OF JULY, 2014
BEFORE
THE HON'BLE MR. JUSTICE A.S. PACHHAPURE
CRIMINAL REVISION PETITION No.325 OF 2014
BETWEEN:
M M UMESH
S/O LATE N MAHADEVAIAH
AGED 49 YEARS
CHIEF EXECUTIVE OFFICER
VYAVASAYA SEVA SAHAKARA
SANGHA NIYAMITHA (VSSSN)
KONDLI, GUBBI TALUK
TUMKUR DISTRICT.
... PETITIONER
(BY SRI: A H BHAGAVAN, ADV)
AND:
STATE BY LOKAYUKTHA POLICE
TUMKUR
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE - 560 001.
... RESPONDENT
(BY SRI: VENKATESH P DALWAI (ADV.) SPL PP)
THIS CRL.RP. IS FILED UNDER SECTIONS 397(1)
AND 401 CR.P.C PRAYING TO SET ASIDE THE ORDER
DATED 07.02.2014 PASSED BY THE II ADDL. DIST. AND
S.J., TUMKUR IN CR.NO.16/2013 OF LOKAYUKTHA
POLICE, TUMKUR AND ALLOW THE APPLICATION FILED BY
2 Crl.RP 325/14
THE PETITIONER/ACCUSED U/S.451 R/W 457 CR.P.C. AND
DIRECT THE LOKAYUKTHA POLICE, TUMKUR TO RELEASE
THE CASH OF RS.42,00,852/- SUBJECTED IN P.F.
NO.28/2013 (RESPONDENT POLICE) AND FURTHER GIVE
THE SAME TO THE INTERIM CUSTODY BY DEPOSITING THE
SAID AMOUNT TO THE ACCOUNT OF THE VYAVASAYA SEVA
SAHAKARA SANGHA NIYAMITA (VSSN), KONDLI.
THIS CRL.RP. COMING ON FOR ORDERS, THIS DAY
THE COURT MADE THE FOLLOWING:
O R D E R
Heard the learned Counsel for the revision petitioner and learned Special Public Prosecutor for the respondent.
2. A sum of Rs.43,15,000/- cash amount was seized by Lokayuktha police at the residence of the petitioner. It was the contention of Lokayuktha police that the petitioner has acquired properties disproportionate to his known source of income to the extent of Rs.50,00,000/-. Investigation in this regard is pending with the Lokayuktha Police. The petitioner is said to be the Chief Executive Officer of Vyavasaya Seva Sahakara Sangha Niyamitha, Kondli. 3 Crl.RP 325/14
3. During the pendency of investigation, the petitioner submitted an application under Section 451 read with Section 457 Cr.P.C. requesting to credit the sum of Rs.42,08,652/- to the account of VSSN, Kondli contending that the said amount is of the said society deposited by its members. The learned Trial Judge has rejected the request of petitioner to credit the aforesaid sum of Rs.42,08,652/- to the account of society. Aggrieved by the said order, the present revision petition has been filed.
4. The learned Trial Judge has rejected the request on two counts:
(1) that the petitioner cannot put forth such claim as he does not have locus standi; and (2) that the investigation is still pending and it is not appropriate at this stage to pass any orders relating to the request made. 4 Crl.RP 325/14
5. Even, as could be seen from the averments in the application filed by the petitioner, it is his contention that the amount aforesaid which has been seized is of the depositors of the said society and therefore, has requested the Court to credit the said sum to the account of society. Neither the society nor the depositors have approached the Court in this regard. That apart, learned Trial Judge is of the opinion that as the investigation is pending it is not proper at this stage to pass any orders relating to the entrustment of interim custody of the aforesaid sum.
Perusal of the contention raised in the context of the submissions made, I do not find any merit in this revision petition. Hence, it is dismissed.
Sd/-
JUDGE *bgn/-