Mali Vivek Reddy Vs the State of Karnataka by — Karnataka HC (2025) — LawSathi Research

Mali Vivek Reddy Vs the State of Karnataka by — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of as withdrawn with liberty to file an appropriate Revision Petition before the Sessions Court against the impugned order; Registry directed to return all papers to the petitioner forthwith; Sessions Court to pass appropriate orders within one month of filing of the Revision Petition. None of the substantive reliefs (quashing, handover of devices, defreezing of accounts) was granted by this Court.

Issue for consideration

Whether the order dated 04.04.2025 passed by the Principal Senior Civil Judge and CJM, Davanagere in Crime No.326/2020 (Annexure-K) ought to be quashed, with directions to take a mirror image and hand over the seized hard discs and laptops (Annexure-C) and to defreeze the petitioner's bank accounts (Annexure-D).

Court's answer

The petition is disposed of as withdrawn, with liberty to the petitioner to file an appropriate Revision Petition before the Sessions Court against the impugned order.

Ratio / Principle

The Registry is directed to return all the papers back to the petitioner forthwith, without any delay.

Key takeaways

The Sessions Court shall consider and pass appropriate orders on the Revision Petition within a period of one month from the date of its filing by the petitioner.ratio¶39

Detailed headnote1 paragraphs

Criminal Petition under S.482 Cr.P.C / S.528 BNSS filed by Mali Vivek Reddy seeking quashing of the order dated 04.04.2025 passed by the Principal Senior Civil Judge and CJM, Davanagere in Crime No.326/2020 (Annexure-K), and consequential directions to the respondent police to take a mirror image and hand over hard discs and laptops seized as per Annexure-C and to defreeze his bank accounts as per Annexure-D. After arguing the matter for some time, learned counsel for the petitioner sought disposal of the petition as withdrawn, reserving liberty to approach the Sessions Court by way of a Revision Petition. The High Court (S.R. Krishna Kumar, J.) disposed of the petition as withdrawn with such liberty, directed the Registry to return all papers to the petitioner forthwith, and directed that the Sessions Court consider and pass appropriate orders on the Revision Petition within one month of its filing. No substantive ruling was made on the quashing prayer or the seizure/freezing grievances.

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NC: 2025:KHC:23816 CRL.P No. 6857 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6857 OF 2025 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MALI VIVEK REDDY, S/O MALI PRABHANJAN REDDY AGED ABOUT 37 YEARS, RESIDING AT NO. 2-3-734/8/46 SHANKAR NAGAR, ZINDA TILISMAT LANE, AMBERPET, HYDERABAD, TELANGANA – 500 013

…PETITIONER

(BY SRI. VINAYAK KULKARNI, ADVOCATE)

AND:

Digitally signed by CHANDANA B M Location: High Court of Karnataka

THE STATE OF KARNATAKA BY DAVANAGERE RURAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001

INSPECTOR OF POLICE ECONOMIC OFFENCES WING, CID, BENGALURU

REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001

…RESPONDENTS

(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1 & R2)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ORDER PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE DATED 04.04.2025 IN CRIME NO.326/2020

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NC: 2025:KHC:23816 CRL.P No. 6857 of 2025

HC-KAR

PRODUCED AT ANNEXURE-K AND CONSEQUENTLY, DIRECTING THE RESPONDENT POLICE AT SL.NO.1 AND 2 TO TAKE THE MIRROR IMAGE WITHIN 2 WEEKS AND HAND OVER THE HARD DISCS AND LAPTOPS SEIZED AS PER ANNEXURE-C BELONGING TO THE PETITIONER AND ETC.

THIS PETITION, COMING ON FOR ADMISSION , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

“a. Quash the order passed by the Hon’ble Principal Senior Civil Judge and CJM, Davanagere dated 04.04.2025 in Crime No.326/2020 produced at Annexure-K and consequently, directing the Respondent police at Sl.No.1 and 2 to take the mirror image within 2 weeks and hand over the hard discs and laptops seized as per Annexure-C belonging to the petitioner; and

b. Quash the order passed by the Hon’ble Principal Senior Civil Judge and CJM, Davanagere dated 04.04.2025 in Crime No.326/2020 produced at Annexure-K and consequently, directing the Respondent police at Sl.No.1 and 2 to defreeze the bank accounts belonging to the petitioner as per Annexure-D.

c. Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”

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NC: 2025:KHC:23816 CRL.P No. 6857 of 2025

HC-KAR

After arguing the matter for sometime, learned counsel

for the petitioner submits that the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to approach the Sessions Court and file Revision Petition, in accordance with law.

The said submission is placed on record.

In view of the aforesaid submission, the petition is

disposed of as withdrawn with liberty to file appropriate Revision Petition before the Sessions Court against the impugned order.

Registry is directed to return all the papers back to the petitioner, forthwith, without any delay.

Immediately upon filing such a Revision Petition, the Sessions Court shall consider and pass appropriate orders, within a period of one month from the date of filing of such Revision Petition by the petitioner.

List No.: 3 Sl No.: 5

BMC