Karnataka High Court
Pratiksha P Pai D/O Sri Panduranga ... vs The State Of Karnataka on 27 May, 2022
Bench: K.Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27TH DAY OF MAY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL REVISION PETITION NO. 100172 OF 2021
BETWEEN:
KUMARI PRATISKSHA
D/O. SRI PANDURANGA PAI,
AGE: 24 YEARS,
OCC: SOFTWARE ENGINEER,
R/O. H. NO.65, "SRI RAMANATH",
2ND MAIN ROAD, SILVER ORCHARD,
KELGERI ROAD,
DHARWAD.
... PETITIONER
(BY SRI. NARAYAN G. RASALKAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH ITS ANTI CORRUPTION BUREAU,
NEAR KCD CRICLE,
BEHIND GANESH TEMPLE,
DHARWAD - 580001.
(REP. BY THE SPECIAL PUBLIC PROSECUTOR
FOR THE STATE OF KARNATAKA,
HIGH COURT, DHARWAD BENCH,
DHARWAD.
2
2. THE DEPUTY SUPERINTENDENT OF
POLICE, ANTI CORRUPTION BUREAU
POLICE STATION, HUBBALLI DHARWAD CITIES,
KCD CIRCLE, BEHIND GANAPATI TEMPLE,
DHARWAD - 580001.
... RESPONDENTS
(BY SMT. PRIYANKA PAWAR, ADV. FOR
SRI. SANTOSH B. MALAGOUDAR, SPL. PROSECUTOR
FOR R 1 AND 2)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 AND 401 OF CR.P.C. 1973, SEEKING TO CALL FOR
THE RECORDS OF LOWER COURT AND AFTER HEARING THE
PETITIONER AND THE STATE, TO MODIFY THE ORDER THE
IMPUGNED INTERIM ORDER DATED 25.01.2019 PASSED BY THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL
JUDGE FOR CBI AND LOKAYUKTA CASES IN DHARWAD, IN ACB
CRIME NO.8 OF 2017 SO FAR AS IT RELATED TO THE REJECTION
OF HER CLAIMS MADE FOR RELEASE OF HER PROPERTY NAMELY,
GOLD ORNAMENTS AND SILVER ARTICLES SEIZED UNDER
SECITON 451/457 OF THE CODE OF CRIMINAL PROCEUDRE 1973,
AND PETITIONER FURTHER PRAYS THAT THIS HON'BLE COURT MAY
BE PLEASED TO DIRECT THE RELEASE THE GOLD, DIAMOND AND
SILVER ORNAMENTS AND ARTICLES TO THE PETITIONER AS
DESCRIBED BY HER IN ANNEXURE VII IN TERMS OF PARA 7 OF
THE JUDGMENT OF THIS HON'BLE COURT RENDERED IN B.R.
CHOWDARY BENGALURU VS. STATE OF KARNATAKA AND IN VIEW
OF ANY OTHER CONDITIONS THAT MAY BE IMPOSED BY THIS
HON'BLE COURT FOR THIS PURPOSE WHICH IS JUDGE IN THE
CIRCUMSTANCES OF THE CASE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
3
ORDER
This revision petition is filed by the petitioner-applicant under
Section 397 and 401 of the Code of Criminal Procedure, 1973 (for
short 'Cr.P.C.') for setting aside the impugned order passed by the
III Additional District and Sessions Judge and Special Judge,
Dharwad in ACB Crime No.08/2017 dated 25.01.2019, on the
application filed by this petitioner-applicant along with the other
applicants under Section 451/457 of Cr.P.C. read with Section 5/22
of Prevention of Corruption Act and Section 132A of the Income Tax
Act.
2. During the pendency of this petition, the learned
counsel for the petitioner filed a memo stating that the Co-ordinate
Bench of this Court in Criminal Petition No.100007/2021 set aside
the common order passed by the Trial Court on 04.08.2021 and
remitted the matter back for a fresh consideration. Therefore, it is
submitted that in view of setting aside the common order passed as
against the petitioner in Criminal Petition No.100007/2021, this
petition will not survive for consideration as the matter required to
be re-consider by the Sessions Judge.
3. The submission of the learned counsel for the petitioner
and Special Counsel for respondents is placed on record.
4. Once the impugned common order passed by the Trial
Court has been set aside and the matter is remitted back to the
Sessions Court for a fresh trial, this petition does not survive for
consideration.
5. Accordingly, the revision petition is disposed off.
All pending IA's does not survive for consideration. Hence,
disposed off.
Sd/-
JUDGE
SMM
