A court cannot ignore or revisit a binding order of a superior court directing release of seized property; it must comply and verify documents to effectuate the order.

ORAL ORDER

In this petition, petitioners have sought for the following reliefs:-

“ a) Set aside the impugned order dated: 12.02.2026 passed in S.C. No.194/2025. As per Annexure-B

b) Direct the Trial Court to Release of the silver articles (390+kg) and cash (Rs.17,41,910/-) seized under PF No.70/2024 dated: 28.09.2024 by Kora Police Station which is still in the custody of respondent to the interim custody of the petitioners by imposing any conditions.

C) Pass such other and further order as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the inters of justice and equity.”

2. Heard learned counsel for the petitioners and learned HCGP for the respondents – State and perused the material on record.

3. A perusal of the material on record will indicate that the petitioners are complainants in Crime No.113/2024, in which, the respondent – Police have filed a charge sheet and is currently pending in S.C.No.194/2025 before the Sessions Court upon the same being committed from the learned Magistrate. In the first instance, the application filed by the petitioners under Sections 497 and 503 of BNSS, 2023, seeking release of seized Articles, jewellery, cash and vehicle having been rejected by the learned Magistrate vide order dated 22.11.2024 and confirmed by the Sessions Court in Crl.R.P.No.107/2024 dated 20.02.2025, the petitioners approached this Court in Crl.P.No.4339/2025 which was allowed by this Court vide final order dated 21.07.2025, thereby setting aside the orders of the Sessions Court and allowing the said application filed by the petitioners and thereby directing the trial court to grant interim custody of the movable properties claimed by the petitioners and release the same in their favour after verifying the documents. The said order passed by this Court in Crl.P.No.4339/2025 dated 21.07.2025, reads as under:-

“ This petition by the complainants in Crime No.113/2024 is directed against the impugned order dated 22.11.2024 rejecting the application filed by the petitioners under Sections 503 of BNSS (Section 457 of Cr.PC), whereby the application for release of seized articles, jewellery, cash and vehicle claimed by the petitioners was rejected by the trial Court and confirmed in Crl.RP.No.107/2024 by the Sessions Court, which dismissed the said revision petition filed by the petitioners.

2. A perusal of the material on record would indicate that the petitioners filed a complaint, registered as an FIR in Crime No.113/2024 against the four accused persons for the offence punishable under Section 310(2) of BNS. In pursuance of the same, the Police authorities conducted investigation and seized various movable properties viz., cash, jewellery, vehicles etc. and filed a chargesheet which is pending consideration in CC.No.234/2025 before the trial Court. The petitioners-complainants claiming to be the owners of the movables, jewellery, cash, vehicle etc., filed the instant application under Section 503 of BNSS seeking interim custody of the said properties. By the impugned order dated 22.11.2024, the trial Court rejected the application filed by the petitioners, who approached the Revisional Court in Crl.RP.No.107/2024 which was also rejected by the Revisional Court.

3. Aggrieved by the impugned orders passed by the trial Court and Revisional Court the petitioners are before this Court by way of the present petition.

4. A perusal of the material on record and the impugned order would indicate that the trial Court and the Revisional Court failed to consider and appreciate the material on record comprising of the bills, invoices, vouches, affidavits etc. and other documents