JALAM SINGH Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 482 of Cr.P.C. challenging the order passed by the Court of the Principal Civil Judge and JMFC, Honavar in Crime No.449/2016 dated 24.05.2018 for the offence punishable under Section 420 of IPC and Section 102 of Cr.P.C. and order dated 11.02.2019 in Crl.R.P.No.49/2018 on the file of the Principal District and Sessions Judge, Uttara Kannada, Karwar insofar as petitioner is concerned.

(2.) In the aforesaid crime, the Investigating Officer has seized the cash in a sum of Rs.37,78,000/- along with Swift Car. The said amount has been subjected in PF and so also laid the charge sheet against the accused in C.C.No.47/2018. The petitioner herein who has filed an application under Section 451 and 457 of Cr.P.C. seeking interim custody of the said amount seized by the Investigating Officer and also it is subjected in PF. The petitioner who has paid the income tax and the money is official money and it was not black money. The petitioner by avocation as a Businessman doing business of rupees 30 to 40 lakhs per month turnover. Therefore, the petitioner herein is sought for claiming the seized amount. But the said application came to be rejected by the Court below in C.C.No.449/2016. Against that order, the petitioner has preferred Criminal Revision Petition No.49/2018, the said petition also came to be dismissed by its order dated 11.02.2019. In that impugned order, the revisional Court has observed that if the petitioner wants to claim interim custody of the seized liquid property i.e. money produced before the Judicial Magistrate and to file an application for interim custody of cash. At the same time, the prosecution has insisted that money be transmitted to the Income Tax Authorities. It is up to the prosecution to file an application to the Court seeking permission of entire amount shall be handing over to the Income Tax Department. So that they can appeal the said liquid property i.e. money at Rs.37,78,000/- in accordance with Income Tax Act. This was the observation made by the Revisional Court and the said impugned order has been challenged under this petition by urging the various grounds.

(3.) In this petition, seeking for quashment of the order passed by the Court below in Criminal Revision Petition No.49/2018 in its order dated 11.02.2019, whereby dismissed the said petition by confirming the order passed by the Court of the Principal Civil Judge and JMFC, Honavar in Crime No.449/2016 dated 24.05.2018, whereby rejected the application filed by the petitioner- applicant under Section 451 and 457 of Cr.P.C.