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2015 Supreme(Kar) 1046

A.S.BOPANNA
Etagi Kotresh – Appellant
Versus
Superintendent of Police – Respondent


Advocate Appeared:
For the Petitioners:M.C. Nagashree for Sri Anand K., Advocates
For the Respondent:Vijaya Kumar A. Patil, Additional Government Advocate

ORDER :

A.S. Bopanna, J.

The petitioner is before this Court to seek release of seized gold and silver articles in PF No. 70/01 in Crime No. 196 of 2001. In view of the subsequent development, the petitioner is seeking that respondent 3-State be directed to pay the value of the said articles as indicated by them in Annexure-R1 to the petition.

2. The petitioner claims to be an authorised pawn broker. Since a case in Crime No. 196 of 2001 was registered, in the course of the investigation, the articles were seized from the shop belonging to the petitioner. The articles seized from the shop of the petitioner were enlisted in PF No. 70/01. When the further proceedings in Crime No. 196 of 2001 was in progress before the Court of Judicial Magistrate First Class, Davanagere in C.C. No. 69 of 2003, the petitioner herein filed an application under Section 457 of Criminal Procedure Code, 1973 seeking release of the articles seized from the shop belonging to the petitioner. Since the said application was to be considered by the Court below, the respondent-police authorities were required to respond to the same.

3. In the said proceedings a report dated 20-12-2011 was filed wherein the petitioner










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