The Deputy Director of Income Tax (Investigation) v. Mallikarjun/Balasubramanyam
Case brief
What is this about?
Interim custody and release of seized cash under Sections 451 and 457 Cr.P.C.; revocation of indemnity-bond condition; quashing of Magistrate's release order in favour of Income Tax Department; pending assessment under Section 143(3) Income Tax Act outweighing Department's custody claim; direction to accept 'B' report and close FIR under Section 98 Karnataka Police Act (Crime No.38/2023); protest petition rendered moot; writs of certiorari and mandamus; non-precedential order; neutral citation NC: 2025:KHC:25527.
What did the court decide?
W.P. No.17204/2024 allowed and Crl.P. No.11391/2024 disposed of: impugned order dated 23.05.2023 passed in Crime No.38/2023 by the learned Magistrate set aside; application of the Income Tax Department rejected; learned Magistrate directed to accept the 'B' report and close the proceedings, and to accept the writ petitioner's application under Sections 451 and 457 of Cr.P.C. and release the money in favour of the writ petitioner (Allure Ventures LLP) immediately upon receipt of copy of the order.