- 1 - HC-KAR NC: 2025:KHC-D:15910 WP No. 108503 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108503 OF 2025 (GM-POLICE) BETWEEN: SHEKHAHAMED S/O. MOHAMMEDRAFIQ MOMIN, AGE: 24 YRS, OCC: COTENT CREATOR, R/O: LAXMI NAGAR MOMIN GALLI, KAKATI BELAGAVI - 591 113. …PETITIONER (BY SRI. A. D. NADAF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPT OF HOME AFFAIRS, VIDHAN SOUDHA, BANGALORE 560 001. 2. THE COMMISSIONER OF POLICE BELAGAVI, BEHIND LINGRAJ COLLEGE ROAD, BELAGAVI 590 001. 3. MANJUNATH HULIKOND, PSI- KAKATI POLICE STATION, BELAGAVI – 590 001. 4. DIRECTORATE OF FORENSIC SCIENCE AND LABORATORIES THRU ITS DIRECTOR OFFICE AT MADIWALA, BENGALURU – 560 068, ALSO AT HUBBALLI. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION TO RESPONDENT NO.3 TO RETURN THE ARTICLE OF PETITIONER BEFORE THE IV JMFC, BELAGAVI WHICH IS SEIZED IN SAMPLE NO.131, IN CRIME NO. 60/2025 VIDE ANNEXURE-C. TO FRAME THE APPROPRIATE GUIDELINES/RULES/REGULATIONS TO BE FOLLOWED BY RESPONDENT NO.4 FOR RETURN OF SEIZED ARTICLES WITHIN STIPULATED PERIOD OF TIME AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15910 WP No. 108503 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer. A. Issue a writ of mandamus or any other appropriate writ, order, or direction to respondent no.3 to return the article of Petitioner before the iv jmfc, belagavi which is seized in sample no.131, in crime no. 60/2025 vide Annexure-C. B. to frame the appropriate guidelines /rules /regulations to be followed by respondent no.4 for return of seized articles within stipulated period of time. C. Any other appropriate writ as this Hon’ble court deems fit and necessary. 2. The petitioner gets embroiled in a crime for offence punishable under Section 192 of the Bharatiya Nyaya Sanhita, 2023, which is 153A of the earlier regime, the IPC. The issue in the lis is not with regard to the merit of the matter pursuant to the registration of the crime. 3. It transpires that the mobile phone that was used by the petitioner is seized and is sent for examination to the FSL. The petitioner approaches the concerned Court and files an application for return of the mobile phone, which is declined on - 3 - HC-KAR NC: 2025:KHC-D:15910 WP No. 108503 of 2025 the score that it would be returned to the petitioner only after it is returned from the FSL. The petitioner is therefore before this Court. 4. Learned counsel submits that six months ago his mobile was taken and he has no means to buy another phone for his usage and is now without a mobile phone. Therefore, the petitioner is now before this Court seeking a direction for the release of the mobile phone from the hands of the respondents. 5. Learned AGA submits that the moment the mobile phone of the petitioner is returned from the FSL Laboratory, it would be handed over to the petitioner in accordance with law. 6. In the light of said submission, it is necessary to observe that the mobile phone that was seized cannot be kept with the FSL for a long time. Six months have lapsed since the seizure of the mobile phone. Therefore, the State shall ensure that the FSL finishes its examination of the mobile phone, and that the mobile phone is placed before the concerned Court within six weeks from the date of receipt of the copy of this order, if not earlier. It is open to the petitioner to file necessary - 4 - HC-KAR NC: 2025:KHC-D:15910 WP No. 108503 of 2025 application before the concerned Court for release of the mobile phone, if not already filed. Order accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH, VNP/CT-ASC List No.: 1 Sl No.: 46