The court can remand a matter to the lower court for reconsideration of applications when both parties seek custody over a seized vehicle.

ORAL ORDER

This petition is filed by the defendant-complainant in Crime No.123/2025 is directed against impugned order dated 06.06.2025, whereby the application filed by the petitioner under Section 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C) for release of subject vehicle bearing No.KA-05-ND-

3384 was rejected by the Trial Court.

2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State and also learned counsel for the respondent No.2.

3. Perusal of the material on record would indicates that the petitioner-complainant in the aforesaid proceedings in Crime No.123/2025, which was filed against unknown persons for the offences punishable under Section 303(2) of BNS, 2023 . During the course of investigation, the first informant- respondent Police Authorities seized the aforesaid subject vehicle from the respondent No.2, pursuant to which the petitioner filed the instant application under Section s 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C), seeking interim custody of the subject vehicle seized in PF NO.70(A)/2025. The Trial Court rejected the application filed by the petitioner, who is before this Court in this petition. 4. The learned counsel for the petitioner and the learned counsel for the respondent No.2 jointly submits that, in addition to the application filed by the petitioner which was rejected by the Trial Court vide impugned order, the respondent No.2 has also filed one more application under Section s 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C), seeking interim custody of the very subject vehicle. Therefore, the learned counsel for the petitioner and the learned counsel for the respondent No.2 submits that the impugned order may be set aside and the matter may be remitted back to the Trial Court for reconsideration/consideration of both the applications filed by the petitioner as well as by the respondent No.2 for interim custody of the subject vehicle and may be directed to pass an appropriate order within the stipulated time frame.

5. In view of the joint submission made by the learned counsel for both the parties, I deem it just and proper to set aside the impugned order and remit the matter back to the Trial Court by issuing proper direction in this regard.

Accordingly, I pass the following:

ORDER i) The Criminal petition is allowed ii) Impugned Order dated 06.06.2025 is hereby set aside.

iii) The matter is remitted back to the Trial Court for reconsideration/consideration of the application filed by the petitioner under Section s 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C), as well as the application filed by the respondent No.2 under Section s 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C), for interim custody/release of the subject vehicle bearing No.KA-05-ND- 3384 within a period of one month from the date of receipt of copy of this Order.

All rival contentions and all aspects of the matter between the parties are kept open and no opinion is expressed on the same.

Sd/-