- 1 - HC-KAR NC: 2025:KHC:43377 WP No. 34120 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 34120 OF 2024 (GM-RES) BETWEEN: MR. ZUHAIB AHMED S/O MR. ABDUL HAFEEZ, AGED ABOUT 43 YEARS RESIDENT OF NO.8, 1ST FLOOR 14 1ST A CROSS, 13TH STREET 1ST BLOCK, BABUSAPALYA PARKRUTHI TOWNSHIP BENGALURU-560 043. …PETITIONER (BY SRI. BALARAJ A C., ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA DEVARAJEEVANAHALLI POLICE STATION K G HALLI SUB-DIVISION BENGALURU-5600084 REPRESENTED BY HIGH COURT GOVERNMENT PLEADER BENGALURU-560001. 2. D MAHAVEER S/O. H DEVICHAND AGED ABOUT 47 YEARS R/O NO.301, 3RD FLOOR BLUE BELL MIDDLE SCHOOL ROAD Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43377 WP No. 34120 of 2024 VISHVESHWARAPURAM BASAVANAGUDI BENGALURU-560 004. …RESPONDENTS (BY SRI.RAHUL RAI.K., HCGP FOR R1 (P/H) SRI. V.LAKSHMI KANTH RAO., ADVOCATE FOR R2(P/H)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED XIII ADDL. CITY CIVIL AND SESSIONS JUDGE C/C IV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU (CCH-21) IN CRL. R.P NO. 25042/2024 DTD 12.11.2024 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The two rival claimants seeking possession of the car, which was seized in connection with a case registered in Crime No.209/2023 of D.J.Halli Police Station are before this Court in this petition. 2. Petitioner, to whom the custody of the car was given by the learned Magistrate, has preferred this petition, being aggrieved by the order passed by the learned Sessions Court in revision petition setting aside the said order. - 3 - HC-KAR NC: 2025:KHC:43377 WP No. 34120 of 2024 3. The vehicle in question is a white colour Polar Hyundai Motors Creta car bearing registration No.KA 14 MA 9897. The said vehicle was seized on 10.09.2023, in connection with the case registered in Crime No.209/2023 of D.J.Halli Police Station, for the offence punishable under Sections 379 and 420 of IPC. 4. The learned Magistrate while granting custody of the vehicle to the petitioner, has observed in the order that the applicant appears to be the owner of the vehicle. 5. The learned Sessions Judge in the revision petition filed by the respondent herein challenging the said order, has observed that on the date of seizure of the car, RC was standing in the name of the revision petitioner i.e., on 10.09.2023 and thereafter, on 16.09.2023 the RC was changed to the name of respondent No.2/petitioner herein. The order of the Trial Court was set aside, further observing that the petitioner herein has lodged a complaint in respect of another silver colour Baleno Zeta car, he has also filed an application for release of the - 4 - HC-KAR NC: 2025:KHC:43377 WP No. 34120 of 2024 Hyundai Creta car, that is the subject vehicle, and therefore came to the conclusion that the order passed by the Trial Court has to be set aside. 6. While setting aside the order granting interim custody of the car to the petitioner herein, the learned Sessions Judge has taken into consideration that the Investigating Officer has not submitted his report as to on what basis the RC was standing in the name of the second respondent and subsequently transferred and therefore, directed the Trial Court to examine the investigation papers and to determine the counterclaim afresh. 7. It is submitted that the vehicle in question is in the custody of the petitioner, by virtue of the order passed by the learned Magistrate. 8. The learned Sessions Judge has directed the Magistrate to examine the claim made by respondent No.2 and the counterclaim made by the petitioner. The order of the learned Sessions Judge does not call for any interference. The learned Magistrate shall - 5 - HC-KAR NC: 2025:KHC:43377 WP No. 34120 of 2024 consider the claim and counterclaim as directed by the learned Sessions Judge in its order dated 12.11.2024 passed in Crl.R.P.No.25042/2024, within a period of 30 days from the date of receipt of a copy of this order. Till disposal of the said application, the custody of the vehicle shall remain with the petitioner. 9. The petitioner shall produce the vehicle before the Investigating Officer whenever necessary and shall abide by all the conditions imposed by the learned Magistrate when it was released in his favour. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE JT/- CT:JL