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V. SRISHANANDA
Vishal Ramesh Khatwani, S/o. Ramesh Mayaram Khatwani – Appellant
Versus
State of Karnataka, Represented by State Public Prosecutor – Respondent
ORDER :
V. Srishananda, J.
This revision petition is filed by the applicant under Section 397 Criminal Procedure Code, 1973 with the following prayer :
“(i) call for the Records connected with the Order dated 09.11.2023 made by the learned VIII Additional Chief Metropolitan Magistrate, in Crime No. 256/2023 and examine the same and set aside the Order dated 09.11.2023 and allow the application dated 03.11.2023.
(ii) and grant such other relief as this Hon'ble Court deems fit under the circumstances of the case including cost of this proceedings in the interest of Justices.”
2. Facts in brief which are utmost necessary for disposal of the revision petition are as under:
Upon the complaint lodged by Smt. Komathi, W/o Nagesh, a case came to be registered in Cr.No.256/2023 by Sanjay Nagar Police for the offence punishable under Section 380 and 457 IPC.
3. Gist of the complaint averments would reveal that complainant i
The court emphasized the necessity of proper documentation and handling of seized properties, particularly electronic items, to prevent loss of evidence and ensure justice.
The court reaffirmed the principle that further investigation remains permissible post charge-sheet, emphasizing the discretion of courts regarding interim custody of seized property to prevent undue....
The court acknowledged that vehicles seized in NDPS cases should not be retained indefinitely, establishing guidelines for interim release to prevent deterioration and ensure lawful ownership.
The entitlement to seized property post-acquittal is contingent upon proven ownership title, overriding mere possession claims.
provision of Section 452 of the Code and Para-227 of the Criminal Manual even when require the continuity of the muddamal articles which is not perishable.
The main legal point established is that under Section 457 of Cr.P.C., a court may allow the interim release of a seized vehicle with specific conditions, considering the practical problems faced by ....
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