The Campco Limited vs The State Of Karnataka on 8 March, 2017

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Karnataka High Court

The Campco Limited vs The State Of Karnataka on 8 March, 2017

Bench: John Michael Cunha

                           1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 8TH DAY OF MARCH, 2017

                       BEFORE

 THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

       WRIT PETITION NO.2630 OF 2016 (GM-RES)

BETWEEN:
The CAMPCO Limited
Varanashi Towers, P.B.No.223
Mission Street, Mangalore

(Represented by its
Managing Director
Sri Suresh Bhandary)                 ...Petitioner

(By Sri Aruna Shyam M, Advocate)

AND:

The State of Karnataka
Through Birur Police
Represented by SPP
High Court Building
High Court of Karnataka
Bangalore-560 001                  ...Respondent

(By Smt. R Anitha, HCGP)
                             2




      This Writ Petition is filed under Articles 226 and
227 of the Constitution of India praying to quash the
order dated 06/11/2015 in Criminal Revision Petition
No.199/2015 passed by the Hon'ble Principal Session
Judge at Chikmagalur in dismissing the Criminal
Revision Petition vide Annexure-A and the order dated
24.06.2015 in Crime No.54/2015 passed by the Senior
Civil Judge, Kadur, rejecting the application filed by the
petitioner under section 457 of Cr.P.C., vide Annexure-B
and allow the application, etc.

     This petition coming on for admission this day, the
Court made the following:

                         ORDER

This writ petition is filed under articles of 226 and 227 of Constitution of India read with Section 482 of Code of Criminal Procedure, 1973, seeking to quash the order dated 06/11/2015 in Criminal Revision Petition No.199/2015 passed by the Principal Session Judge at Chikmagalur, thereby dismissing the Criminal Revision Petition and rejecting the application filed by the petitioner under Section 457 of Cr.P.C. 3

2. The petitioner herein is the CAMPCO Limited Varanashi, Mission Street, Managlore, which is a Multi State Co-operative Society. The petitioner lodged an Information alleging theft of Rs.4,82,896/- from its Birur Branch, Chikmagalur District. During the course of investigation, the police seized a cash of Rs.2,51,150/-. The petitioner filed an application under Section 457 of Cr.P.C., for release of the seized amount of Rs.2,51,150/- to the interim custody of the petitioner. The learned Magistrate rejected the application on the ground that out of the said amount, a sum of Rs.31,000/- has been claimed by accused No.2. The Revisional Court also confirmed the said order with the same reasoning that, in view of the dispute regarding the claim of Rs.31,000/- the entire amount cannot be released to the petitioner.

3. Undisputedly, the petitioner herein is the complainant. The proceedings were initiated on the basis 4 of the information lodged by the complainant alleging theft of Rs.4,82,896/- from the society. Out of the said amount only a sum of Rs.2,51,150/- has been recovered and produced before the Court.

4. The question whether out of the seized amount of Rs.2,51,150/-, a sum of Rs.31,000/- belongs to the accused No.2 cannot be decided at this stage. Until then, there cannot be any legal impediment to release the amount to the petitioner as the petitioner has come up with the specific allegation that more than Rs.2,51,150/- viz., Rs.4,82,896/- has been stolen by the employees of the society. In the event, during the trial it turns out that, that part of the recovered amount belongs to accused No.2, it is always open for the Trial Court to direct the complainant/The CAMPCO Ltd to return the said amount. Hence solely on account of the alleged 5 claim over the part of the amount by accused No.2, the claim of the petitioner society cannot be rejected.

5. Even otherwise, the order passed under Section 457 Cr.P.C., is only an interim order and is conditional requiring the claimants to produce the said amount as determined by the Trial Court. In that view of the matter, following the guidelines laid down by the Hon'ble Supreme Court of India in the case of Sunderbhai Ambalal Desai vs. State of Gujarat reported in (2002) 10 Supreme Court Cases 283, the seized amount of Rs.2,51,150/- is directed to be released to the interim custody of the petitioner CAMCO Ltd.

Accordingly, the petition is disposed of.

SD/-

JUDGE SB/KMV*

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