R. JANARDHAN, S/O. G. RAJANNA, SRI. B.R. SURESH, S/O. G. RAMAKRISHNA AND SRI. KUMAR SWAMY, S/O. LATE SHIVARUDRAPPA Vs. STATE BY KAMAKSHIPALYA POLICE, REP. BY SPP

JUDGEMENT

(1.) HEARD both sides in respect of petition filed under Section 482 of Code of Criminal Procedure against the order of the Courts below rejecting the prayer of the Petitioners for interim custody of the original cheques.

(2.) PETITIONERS Counsel submits that the police have filled a case against the accused Arun Kumar for an offence punishable under Section 302 of IPC and the Petitioners are the owners of the original cheques numbering five issued by the said accused person and during investigation, the same were seized by the Respondent -police and therefore, the Petitioners made an application before the trial Court for release of the original cheques by getting the photo copies of the same, but the said prayer was rejected by the trial Court and also by the lower appellate Court in Crl.R.P. No. 287/10. Hence, referring to the position in law as regards the return of the seized property and placing reliance on the ruling of the Rajasthan High Court in the case reported in Sachindra Nath Panja and Others Vs. N.L. Basak, Principal Secretary, Govt. of West Bengal and Others, (2004) CriLJ 2469 . learned Counsel sought for return of the original cheques and the photos copies of the same be retained by the Court.

(3.) PETITION is allowed accordingly.