STATE OF KARNATAKA Vs. JAGADEESHWARAPPA AND ANOTHER

JUDGEMENT

(1.) The prosecution in Spl. Case (PC) No.6/2013 on the file of the Sessions and Special Judge, Koppal has come up in this revision petition impugning the Order dated 10.04.2013.

(2.) The brief facts leading to this revision petition are as under:

(3.) The records would disclose that though liberty was given to respondent Nos.1 and 2 to approach the said Court by filing an application under Section 9 of the Ordinance, they choose to file an application under Section 457 of Cr.P.C. seeking defreezing of six accounts. When the said application was taken up for consideration, the revision petitioner-State opposed the same on the ground that, at the first instance, filing of an application under Section 457 of Cr.P.C. seeking defreezing of the accounts, which are freezed pursuant to ad-interim order passed under Section 4 of the Ordinance cannot be considered under Section 457 of Cr.P.C. What was required to be considered is seeking appropriate relief under the provisions of Section 9 of the Ordinance itself and not reverting to the provisions of Cr.P.C., more particularly, when the seizure of properties and attachment of that is under special enactment as provided under Section 5(6) of the Prevention of Corruption of Act, 1988.