FRANCIS ZAVIER CRASTO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question an order dtd. 5/5/2023 passed in S.C.No.90/2015 rejecting an application filed under Sec. 452 of the Cr.P.C. seeking release of Exhibits P17 and P18, which were passports that were made subject matter of the PF.No.39/2015.

(2.) Heard Sri. Hashmath Pasha, learned Senior counsel for Sri. Kariappa N.A., learned counsel appearing for the petitioner and Sri. Mahesh Shetty, learned HCGP appearing for the respondent.

(3.) The petitioner gets embroiled in a crime, in crime No.72/2015 and pursuant to the said registration of the crime, passports of the petitioner was seized and subjected to PF.No.39/2015 and marked in S.C.No.90/2015 as Exhibits P17 and P18. The Sessions Court in terms of the order dtd. 12/4/2023, acquits the petitioner, but does not pass any order under Sec. 452 of the Cr.P.C. with regard to the passports that was seized as aforesaid. This drives the petitioner to file an application invoking Sec. 452 of the Cr.P.C. for return of the passports. The concerned Court rejects the application on the ground that the appeal period for preferring an appeal against the order of acquittal, is yet to get over, and therefore, it cannot be released. It is this order that drives the petitioner to this Court in the subject petition.