- 1 - HC-KAR NC: 2025:KHC:47615 WP No. 31703 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 31703 OF 2025 (GM-RES) BETWEEN: SUNDEEP LALL AGED ABOUT 46 YEARS, S/O MANMOHAN LALL, NO.1708, 50 FEET MAIN ROAD, NEAR DAYANANDA SAGAR COLLEGE, K S LAYOUT, IST STAGE, J P NAGAR, BANGALORE- 560078 …PETITIONER (BY SRI. M ABDUL SALAM, ADVOCATE FOR SMT. SHANTHALADEVI B R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KUMARASWAMY LAYOUT POLICE STATION, BENGALURU-560078 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE, PIN- 560001. 2. INCOME TAX DEPARTMENT UNION OF INDIA, REP BY ITS DEPUTY DIRECTOR OF INCOME TAX, BENGALURU- 560001 …RESPONDENTS (BY SRI. ANOOP KUMAR.M.V, HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47615 WP No. 31703 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA READ WITH 482 CR.P.C., PRAYING TO DIRECT THE COURT BELOW FOR RESTORATION OF CRIMINAL REVISION PETITION NO.142/2023 BEFORE THIS HON'BLE COURT TO ITS ORIGINAL FILE AND PERMIT THE PETITIONER TO PURSUE THE SAME ON MERITS I.E., ANNEXURE-D., ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The Additional SPP accepts notice for Respondent No.1/State. 2. The petitioner has filed an application under Section 457 Cr.P.C. before the learned Magistrate, seeking interim custody of the properties seized under P.F.Nos.38/2022 and 39/2022 in connection with a case registered by Kumara Swamy Layout Police Station. The learned Magistrate vide order dated 24.01.2023 rejected petitioner's application and allowed the application filed by the Income Tax Department/Union of India. The Police Inspector of the Kumara Swamy Layout Police Station was directed to transfer the articles to the Income Tax - 3 - HC-KAR NC: 2025:KHC:47615 WP No. 31703 of 2025 Department/Union of India. Aggrieved by the said order, the petitioner preferred a criminal revision petition before the Sessions Court. During the pendency of the said revision petition, a memo was filed by the petitioner for withdrawing the revision petition. The learned Sessions Judge dismissed the revision petition as withdrawn, by an order dated 21.08.2025. Subsequent application seeking to restore the revision petition was not entertained, as the learned PP raised an objection that the said application was not maintainable, since the Court has no power to recall its own order. 3. It is relevant to mention that the petitioner had preferred Writ Petition No.27307/2025 (GM-RES) before this Court, seeking certain reliefs, such as, directing the Income Tax Department to release the properties seized, which were recovered by the Kumara Swamy Layout Police in Crime No.112/2022, etc. This Court disposed the writ petition observing that the Criminal Revision Petition No.142/2023 was pending consideration and petitioner - 4 - HC-KAR NC: 2025:KHC:47615 WP No. 31703 of 2025 must pursue such remedy in the pending revision petition and there cannot be any reason for multiplying proceedings on the same ground. 4. Admittedly, the revision petition was dismissed as withdrawn on an application filed by the petitioner and the subsequent application for recalling the order was not considered. In view of the order passed in the writ petition noted above and considering that the petitioner has not availed any remedy on merits in the Criminal Revision petition filed before the Sessions Court, this Court deems it proper to give an opportunity to the petitioner to pursue the Criminal Revision Petition No.142/2023 filed before the Court of LXII Additional City Civil and Sessions Judge at Bangalore. 5. Hence, the following; ORDER (i) The order dated 21.08.2025 passed by the Court of LXII Additional City Civil and Sessions Judge, Bangalore, - 5 - HC-KAR NC: 2025:KHC:47615 WP No. 31703 of 2025 dismissing the Criminal Revision Petition No.142/2023 as withdrawn, is hereby set aside. (ii) The learned Sessions Judge shall restore the Criminal Revision Petition No.142/2023 on its file and after hearing the parties concerned, pass an order on merits, in accordance with law. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BMV* List No.: 1 Sl No.: 21