Case Note & Summary
The petitioner, Mukesh Jain, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking a writ of mandamus directing the XLVII Additional Chief Metropolitan Magistrate, Bengaluru, to consider and dispose of IA No.III dated 03.09.2025, filed under Sections 497 and 503 of the BNSS, 2023, for the release of seized property. The petitioner had filed the application before the Magistrate seeking release of property seized in connection with a crime. However, the Magistrate had not disposed of the application, prompting the petitioner to approach the High Court. The court, after hearing the petitioner's counsel and the Additional State Public Prosecutor, observed that the Magistrate should have disposed of the application within a reasonable time. The court directed the Magistrate to consider and dispose of IA No.III dated 03.09.2025 in accordance with law, preferably within two weeks from the date of receipt of the order. The writ petition was disposed of with the above direction.
Headnote
A) Criminal Procedure - Property Release - Writ of Mandamus - Sections 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Petitioner sought direction to Magistrate to dispose of IA No.III dated 03.09.2025 for release of seized property - Court held that the Magistrate must consider and dispose of the application expeditiously, preferably within two weeks from receipt of order - Held that the writ petition is disposed of with direction to the Magistrate to decide the application within two weeks (Paras 1-3).
Issue of Consideration
Whether the High Court should issue a writ of mandamus directing the Magistrate to dispose of the petitioner's application for release of seized property within a specified time.
Final Decision
The writ petition is disposed of directing the XLVII Additional Chief Metropolitan Magistrate, Bengaluru, to consider and dispose of IA No.III dated 03.09.2025 filed by the petitioner under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in accordance with law, preferably within two weeks from the date of receipt of the order.
Law Points
- Writ of mandamus
- Speedy disposal
- Property release
- Seized property
- BNSS Sections 497 and 503
- Articles 226 and 227 of Constitution of India
Case Details
2026 LawText (KAR) (07) 39
Writ Petition No.5267 of 2026 (GM - RES)
Sri Mahajan B.K. (for petitioner), Smt. B. Pushpalatha (Addl. SPP for respondent)
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Nature of Litigation
Writ petition seeking mandamus for disposal of property release application
Remedy Sought
Direction to Magistrate to consider and dispose of IA No.III dated 03.09.2025 for release of seized property
Filing Reason
Magistrate had not disposed of the petitioner's application for release of seized property
Issues
Whether the High Court should issue a writ of mandamus directing the Magistrate to dispose of the petitioner's application for release of seized property within a specified time.
Submissions/Arguments
Petitioner argued that the Magistrate had not disposed of IA No.III dated 03.09.2025 filed under Sections 497 and 503 of BNSS, 2023, seeking release of seized property.
Respondent State did not oppose the prayer for speedy disposal.
Ratio Decidendi
The court held that when an application for release of seized property is pending before a Magistrate, the Magistrate must dispose of it within a reasonable time. In this case, the court directed disposal within two weeks to ensure speedy justice.
Judgment Excerpts
The Petitioner is before this Court seeking the following prayer: 'Issue a writ of mandamus or any other appropriate writ, order or direction directing the XLVII Additional Chief Metropolitan Magistrate, Bengaluru to consider and dispose of I.A.No.III dated 03-09-2025, filed under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Annexure-B) by the petitioner seeking the release of the seized property within a period of one week from the date of receipt of the order passed by this Hon'ble Court.'
The writ petition is disposed of directing the XLVII Additional Chief Metropolitan Magistrate, Bengaluru to consider and dispose of I.A.No.III dated 03-09-2025 filed by the petitioner under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in accordance with law, preferably within two weeks from the date of receipt of the order.
Procedural History
The petitioner filed IA No.III dated 03.09.2025 before the XLVII Additional Chief Metropolitan Magistrate, Bengaluru, under Sections 497 and 503 of BNSS, 2023, seeking release of seized property. The Magistrate did not dispose of the application. The petitioner then filed the present writ petition on an unspecified date. The petition was reserved for orders on 05.03.2026 and pronounced on 07.07.2026.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023: 497, 503, 528
- Constitution of India: 226, 227
