K. S. Ramesh vs The Addl Chief Secretary To Govt
2022 Latest Caselaw 453 Kant

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF JANUARY, 2022

                           BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

          WRIT PETITION No.14541/2021(GM-RES)
BETWEEN

K. S. RAMESH
S/O. LATE SRIKANTA IYER,
AGED ABOUT 65 YEARS,
R/AT NO. 830/17,
17TH F MAIN, I FLOOR,
5TH BLOCK,
RAJAJINAGAR,
BENGALURU-560 010.                          ... PETITIONER
(BY SRI NARAYANA REDDY M, ADVOCATE (VIDEO CONFERENCE))

AND

1.    THE ADDL CHIEF SECRETARY TO GOVT
      DEPT. OF HOME,
      GOVT OF KARNATAKA,
      VIDHANA SOUDHA,
      BENGALURU-560 001.

2.    THE DIRECTOR GENERAL AND
      INSPECTOR GENERAL OF POLICE
      GOVT OF KARNATAKA,
      NRUPATHUNGA ROAD,
      BENGALURU-560 009.

3.    THE SUPERINTENDENT OF POLICE
      ECONOMIC OFFENCES DIVISION,
      CARLTON HOUSE,
      PALACE ROAD,
      BENGALURU-560 001.                 ... RESPONDENTS

(BY SRI MAHESH SHETTY, HCGP)
                                     2


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
SECTION 482 OF CR.P.C. PRAYING TO DIRECT THE R-3
INVESTIGATING OFFICER TO SECURE THE SEIZED AMOUNTS
FROM THE RESPECTIVE BANKS AND DEPOSIT THE SAME
BEFORE THE TRIAL COURT I.E., LEARNED FIRST ADDITIONAL
CHIEF    METROPOLITAN    MAGISTRATE,     BENGALURU IN
C.C.NO.8019/1998. VIDE ANENXURE-C, D, E.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:

                                  ORDER

This petition is filed by the petitioner seeking writ of

mandamus direction to the COD Police for the seizing the

amounts from the respective Banks and deposit the same

before the trial Court i.e., the I Additional Chief

Metropolitan Magistrate, Bengaluru in C.C.No.8019/1998.

2. Heard the learned counsel for the petitioner

and learned High Court Government Pleader for the

respondents.

3. The case of the petitioner is that the petitioner

was charge-sheeted by the COD Police for the offences

punishable under Sections 468, 471, 409, 420 read with

Section 34 of IPC and the petitioner pleaded not guilty and

he claimed to be tried and finally, he was acquitted by the

trial Court by the judgment dated 01.08.2018 in

C.C.NO.8019/1998. The trial Court while passing the final

order by acquitting the accused but no order passed under

Section 452 of Cr.P.C about disposal of the property which

was seized by the Police during the investigation subject to

the P.F.Nos.1, 2, 3 and 4 of 1996. Hence, the petitioner

filed an application before the trial Court under Section

452 of Cr.P.C. for claiming the money which was seized by

the Police. The I.A. is still pending and the trial Court has

not yet passed the order.

4. Once the case was ended in acquittal, the trial

Court ought to have passed the order under Section 452 of

Cr.P.C. for disposing the material or cash seized by the

Police during the investigation. But no such order has been

passed by the trial Court in the judgment dated

01.08.2018. Therefore, the petitioner has rightly filed an

application under Section 452 of Cr.P.C. The trial Court is

required to hold an enquiry and dispose of the I.A. in

accordance with Section 452 of Cr.P.C. but the same is still

pending. Such being the case, the question of directing

the Police to seize the same does not arise. Once the

material is seized by the Court, it is the trial Court to

decide the application under Section 452 of Cr.P.C.

Therefore, it is necessary to issue direction to the trial

Court instead of the Investigating Officer. Accordingly, I

pass the following order:

5. The criminal petition is disposed of with

direction to the trial Court to dispose of the application

under Section 452 of Cr.P.C. in accordance with law as

early as possible.

Sd/-

JUDGE

GBB