[Cites 7, Cited by 0]
Karnataka High Court
Mohammed Shoaib vs The State Of Karnataka on 2 February, 2026
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.RP No. 1288 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 1288 OF 2024
BETWEEN:
MOHAMMED SHOAIB
S/O ABDUL KHADERJILANI
AGED ABOUT 33 YEARS
RESIDING AT 23
B.E.H.L NIVAS, 4TH A MAIN
BILEKAHALLI, BTM 2ND STAGE
BENGALURU - 560 076
ALSO R/AT NO.590
GAWVIHOUSE, BUNDER ROAD
MAGDUM COLONY, BHATKAL - 561 320.
...PETITIONER
(BY SRI A.S. KULKARNI, ADV.,)
AND:
THE STATE OF KARNATAKA
BY UPPARPET POLICE STATION
BANGALORE - 560 009
Digitally signed REP BY STATE PUBLIC PROSECUTOR
by NANDINI M HIGH COURT BUILDINGS
S BANGALORE - 560 001.
Location: HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI ANOOP KUMAR M.V, HCGP)
THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S
438 R/W 442 BNNS) PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER DATED 03/08/2024 PASSED BY THE LEARNED LVIII ADDL.
CITY CIVIL AND SESSIONS JUDGE (CCH-59), BENGALURU CITY IN
CRIMINAL APPEAL NO. 649/2024 IN ALLOWING THE APPEAL IN PART
ONLY BY CONFIRMING THE ORDER 08/04/2024 PASSED BY THE
LEARNED METROPOLITAN MAGISTRATE TRAFFIC COURT -V,
BANGALORE IN CC NO. 14062/2015 IN REJECTING THE
APPLICATION FILED BY THE PETITIONER UNDER SECTION 452 OF
THE CRIMINAL PROCEDURE CODE IN RESPECT OF GOLD ARTICLES.
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CRL.RP No. 1288 of 2024
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. This criminal revision petition under Section 397
R/w Section 401 of Cr.P.C, is filed by accused no.2 with a
prayer to set aside the judgment and order dated 03.08.2024
passed by the Court of LVIII Addl. City Civil and Sessions
Judge, Bengaluru City in Criminal Appeal No.649 of 2024 and
the order dated 08.04.2024 passed by the learned Magistrate
in C.C.No.14062 of 2015, rejecting the application filed by the
petitioner under Section 452 of Cr.P.C, in respect of the gold
articles, which were seized and produced before the Trial Court.
2. Heard the learned counsel appearing for the parties.
3. Perusal of the material on record would go to show
that, accused no.2 / petitioner had earlier filed an application
under Section 451 r/w Section 457 of Cr.P.C, before the Trial
Court in C.C.No.14062 of 2015 seeking to release the gold
articles including the gold biscuits and ornaments, which were
seized in the said case. Along with the said application he also
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had produced the bills / invoices dated 09.09.2014 and
18.10.2014 before the Trial Court. The Trial Court had rejected
the application filed by the petitioner / accused no.2 under
Section 451 R/w Section 457 of Cr.P.C, on the ground that the
said documents were not produced before the police and only
subsequently while filing application under Sections 451 R/w
Section 457 of Cr.P.C, the said documents were submitted.
Undisputedly, the said order dated 04.10.2017 passed by the
Trial Court in C.C.No.14062 of 2015 rejecting the application
filed by petitioner / accused no.2 under Section 451 R/w
Section 457 of Cr.P.C was not challenged by the petitioner and
the same has attained finality. It appears that subsequently
petitioner had filed a revision petition before the Session's
Court in Criminal Revision Petition No.604 of 2019 and the
same was allowed by the learned Sessions Judge on the ground
that there was no compliance of Section 155(2) of Cr.P.C, and
therefore the police could not have registered a case against
accused for alleged offences, which are non cognizable in
nature and accordingly case against accused no.2 was closed.
Thereafter, the petitioner had filed fresh application before the
Trial Court under Section 452 of Cr.P.C, which was rejected by
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the Trial Court and the said order was confirmed by the
Appellate Court.
4. Undisputedly, as on the date when petitioner had
filed an application before the Trial Court under Section 452 of
Cr.P.C, the proceedings in C.C.No.14062 of 2015 was not
terminated and the same was pending as against accused no.1.
Application under Section 452 of Cr.P.C, can be filed before the
Trial Court only after conclusion of the trial or in the event all
the accused are discharged and the case is closed.
5. The case registered against accused no.1 in
C.C.No.14062 of 2015 was pending consideration as on the
date application was filed on behalf of the petitioner / accused
no.2 under Section 452 of Cr.P.C,. The Trial Court while
rejecting the application filed under Section 452 Cr.P.C, has
taken note of the said fact and has observed that pending trial
of the case as against accused no. 1, the prayer made by the
petitioner cannot be granted.
6. It is now brought to the notice of this Court that
proceedings as against accused no.1 is also closed before the
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Trial Court on 12.11.2024. If that is so, it is for the petitioner to
file a fresh application before the Trial Court under Section 452
of Cr.P.C, along with necessary documents, explaining his
possession over the seized gold articles. If such an application
is filed, the Trial Court shall consider the same on merits afresh
without being influenced by the earlier orders passed by it or by
the Appellate Court.
7. Accordingly the following:-
ORDER
(i) Criminal revision petition is disposed of with
liberty to the petitioner to file a fresh
application under Section 452 of Cr.P.C,
before the Trial Court and in the event such
an application is filed, the Trial Court shall
consider the same expeditiously without
being influenced by its earlier orders rejecting
similar application or by the orders passed by
the Appellate Court.
(ii) Registry is directed to forthwith return the
Trial Court records.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
NMS
