GURUVAYYA ALIAS M NAGARAJ ALIAS GURUBASAVARAJAYYA S/O. KOTRAYYA v. STATE OF KARNATAKA
WP/104473/2022 · 2025-02-19
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4246 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4246 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3347 WP No. 104473 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.104473 OF 2022 (GM-RES) BETWEEN:
GURUVAYYA @ M. NAGARAJ @ GURUBASAVARAJAYYA S/O. KOTRAYYA, AGED ABOUT 44 YEARS, OCC. AGRICULTURE, RESIDING AT ITTIGI VILLAGE, HADAGALI TALUK, BALLARI DISTRICT-583101. …PETITIONER
(BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA, BY ITS HAGARIBOMMANAHALLI POLICE, R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. 2. ASSISTANT GENERAL MANAGER RESERVE BANK OF INDIA, NO.10/3/8, NRUPATHUNGA ROAD, P.B. NO.5467, BENGALURU-560001. …RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1 SRI. VINAY GIRI, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.482 OF Cr.P.C., PRAYING TO, ISSUE WRIT OF CERTIORARI QUASHING DATED 07/02/2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC H B HALLI IN C.C. NO.199/2018 WHICH IS PRODUCED AT ANNEXURE-F INSOFAR AS NOT GRANTING ENTIRE RELIEF AND
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:30:03 +0530
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NC: 2025:KHC-D:3347 WP No. 104473 of 2022
CONSEQUENTLY ALLOW THE ENTIRE APPLICATION AT ANNEXURE-E DATED 25.01.2022 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioner has been acquitted of the offence punishable under Section 78(3) of the Karnataka Police Act and Section 420 of the Indian Penal Code, 1860. During the investigation, cash amounting to Rs.18,47,430 was seized from the petitioner. Upon his acquittal, an order was passed directing that the seized cash be returned to him. 2. The petitioner subsequently filed an application before the Trial Court to specify the serial numbers of the currency notes seized by the law enforcement agency. The Trial Court rejected the application, stating that there was no basis for specifying the serial numbers of the notes returned to the petitioner, as the law enforcement agency had not recorded the serial numbers at the time of seizure. 3. The petitioner then submitted a representation, dated 02.11.2021, to the Manager of the Reserve Bank of India at Bangalore, requesting that the demonetized notes be exchanged with reference to their serial numbers.
Admittedly, cash amounting to Rs.18,47,430 has been returned to the petitioner, and therefore, the Trial Court is required to specify the serial numbers. Consequently, it is appropriate to direct the Trial Court to specify
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NC: 2025:KHC-D:3347 WP No. 104473 of 2022
the serial numbers of the demonetized currency notes after verifying them. 4. The Writ Petition is allowed. The impugned order dated 07.02.2022, passed in C.C. No.199/2018 by the Senior Civil Judge and JMFC, Hagaribommanahalli, insofar as it relates to refusing to specify the serial numbers of the demonetized currency notes, is hereby set aside. 5. The learned Magistrate is directed to specify the serial numbers of the demonetized currency notes. The petitioner is permitted to exchange the demonetized currency notes in accordance with the law. 6. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
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