Allowed

Narasimha S/O Venkataraman Sabhahit v. the State of Karnataka

Karnataka HC3 Sept 2024CRL.P/101341/2024

Case brief

AI extract

What is this about?

Petitioners challenged the dismissal of their Section 457 Cr.P.C. application seeking unfreezing of bank accounts, where the Sessions Court held revision not maintainable as the order was interlocutory. Following a co-ordinate Bench decision, the High Court held such orders are not interlocutory, allowed the petition, set aside the Sessions Court order and remitted the revision for disposal on mer

What the court decided

AI extract

Narasimha S/O Venkataraman Sabhahit Vs the… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3^RD DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 101341 OF 2024

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BETWEEN:

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NARASIMHA S/O. VENKATARAMAN SABHAHIT, AGE: 65 YEARS, OCC: LIC AGENT.

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SMT. GEETA W/O. NARASIMHA SABHAHIT, AGE: 57 YEARS, OCC: HOMEMAKER.

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ASHA D/O. NARASIMHA SABHAHIT, AGE: 36 YEARS, OCC: SERVICE.

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ALL ARE R/O. SHARADA GALLI, YELLAPUR, TQ: YELLAPUR, DIST: UTTARA KANNADA (KARWAR).

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…PETITIONERS

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(BY SRI. BHANDEKAR D. ANNAPPA, ADVOCATE)

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AND:

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY YELLAPUR POLICE STATION, YELLAPUR, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH - 580011.

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO THAT THE ORDER PASSED BY 1^ST ADDL.DISTRICT AND SESSIONS COURT, KARWAR, (SITTING AT SIRSI), AT SIRSI, UTTARA KANNADA, IN CRL.REV. PETITION NO.5008/2024, DATED 12.03.2024 AND THE ORDER PASSED BY THE CIVIL JUDGE AND JMFC, YELLAPUR, IN CC NO.103/2022 DATED 29.11.2022 ON APPLICATION U/S 457 OF CR.P.C. BE SET ASIDE AND APPLICATION U/S 457 OF CR.P.C. FILED BY PETITIONERS BE ALLOWED AND THE BANK

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2 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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ACCOUNTS OF THE PETITIONERS BE UNFREEZED WITH A DIRECTION TO THE CONCERNED, BY ALLOWING THIS PETITION.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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Heard, learned counsel for the petitioners and learned High Court Government Pleader for respondent.

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Petitioners who had filed an application under Section 457 of Cr.P.C. in C.C.No.103/2022 pending on the file of Civil Judge and JMFC, Yellapur has approached this Court challenging the order dated 29.11.2022 passed by the Trial Court rejecting their application and also order dated 12.03.2024 wherein learned I Addl. District and Sessions Court, Karwar sitting at Sirsi has dismissed the criminal revision petition filed by them in Crl.R.P.No.5008/2024 as not maintainable.

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Learned counsel for petitioners submits that

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order passed under Section 457 of Cr.P.C is not an interlocutory order and therefore, revision under Section

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3 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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397 of Cr.P.C is maintainable. He placed reliance on the decision of the co-ordinate Bench of this Court rendered in Crl.P.No.555/2021 decided on 22.07.2021.

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Learned High Court Government Pleader

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appearing for respondent does not dispute that the impugned order passed by the Trial Court is on an application filed under Section 457 of Cr.P.C. However, she submits that the said order is interlocutory and therefore, revision is rightly dismissed.

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Having heard learned counsel, the Court has

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perused impugned order and other materials placed on record.

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The co-ordinate Bench of this Court in Crl.P.No.555/2021 has considered a similar case and has observed as under:

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“5. Plain reading of Section 457 of Cr.P.C would go to show that whenever the seizure of the property is reported by the police officer to the

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4 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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learned Magistrate and if the said property is not produced before the Criminal Court during the inquiry, the learned Magistrate is required to pass an order with regard to the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, he should pass an order with regard to custody and production of the property. Section 457(2) of Cr.P.C. provides that if the person entitled for possession is known. The learned Magistrate is required to pass the order for delivery of the property to such person subject to conditions that may be imposed by the learned Magistrate and if such person is not known, the learned Magistrate is required to issue proclamation specifying the articles of which such property consists and requiring any person who may have a claim to appear before and establish his claim within a period of six months. Therefore, the order passed on the application under Section 457 of Cr.P.C would definitely affect the rights of the parties

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5 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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substantially and such an order cannot be said to be interlocutory order. In the present case it is undisputed that the articles which are the subject matter of the application were seized from the possession of the petitioner on 04.07.2020. Therefore, the learned Sessions Judge has erred in helding that the order passed under Section 457 of Cr.P.C is interlocutory order and revision petition as against the said order is not maintainable.

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Accordingly, Criminal Petition is allowed. The order passed by the Court of Prl. District and Session Judge, Chikkamagaluru in Crl.R.P.No.90/2020 on 20.10.2020 wherein it is held that the revision petition under section 397 of Cr.P.C is not maintainable as against the order passed under Section 457 of Cr.P.C is set aside. The matter is remitted back to the Court of Prl. District and Sessions Judge, Chikkamagaluru to hear and dispose of the Criminal Revision Petition on merits as expeditiously as possible but not later than two months from the date of receipt of this order.”

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6 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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In the case on hand, application filed by the petitioners under Section 457 of Cr.P.C has been dismissed by the Magistrate and revision petition challenging the same by the petitioners is held to be not maintainable.

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In view of the above decision of the co-ordinate

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Bench, the revision filed by the petitioners is maintainable.

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In view of the above, the following:

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ORDER

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i. The criminal petition is allowed.

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ii. The order passed by the I Addl. District and Sessions Court, Karwar sitting at Sirsi in Crl.RP.No.5008/2024 dated 12.03.2024 wherein, it is held that revision petition under Section 397 of Cr.P.C is not maintainable as against the order passed under Section 457 of Cr.P.C. is set aside.

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7 - NC: 2024:KHC-D:12690 CRL.P No. 101341 of 2024

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iii. The matter is remitted back to the

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Court of I Addl. District and Sessions Court, Karwar sitting at Sirsi to hear and dispose off the criminal revision petition on merits as expeditiously as possible, but not later than two months from the date of receipt of copy of this order.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM CT:ANB List No.: 1 Sl No.: 69

Narasimha S/O Venkataraman Sabhahit v. the State of Karnataka

Case brief

What is this about?

What the court decided

Narasimha S/O Venkataraman Sabhahit v. the State of Karnataka

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