Accused no.2 sought return of seized gold articles under Section 452 Cr.P.C; his application was rejected as the trial against co-accused was pending. The High Court disposed of the revision, granting liberty to file a fresh application after closure of proceedings against all accused.
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NC: 2026:KHC:5810 CRL.RP No. 1288 of 2024
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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:
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA BY UPPARPET POLICE STATION BANGALORE - 560 009 REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001.
(BY SRI ANOOP KUMAR M.V, HCGP)
…RESPONDENT
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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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
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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
NC: 2026:KHC:5810 CRL.RP No. 1288 of 2024
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the Trial Court and the said order was confirmed by the Appellate Court.
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.
NC: 2026:KHC:5810 CRL.RP No. 1288 of 2024
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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
Sd/(S VISHWAJITH SHETTY) JUDGE
NMS
1 issue framed by the court
Was the accused no.2's application under Section 452 Cr.P.C maintainable while proceedings against accused no.1 were still pending in C.C.No.14062 of 2015?
3 provisions across 1 enactments
MOHAMMED SHOAIB S/O ABDUL KHADERJILANI
THE STATE OF KARNATAKA BY UPPARPET POLICE STATION BANGALORE REP BY STATE PUBLIC PROSECUTOR
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
