Title: SADATULLA SYED V NATIONAL INVESTIGATION AGENCY
Citation: WRIT PETITION NO. 15674 OF 2023 (GM-RES)
Dated on: 8.1.2024
Corum: THE HON’BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON’BLE MR JUSTICE VIJAYKUMAR A. PATIL
Facts of the case:
This writ petition, filed under Articles 226 and 227 of the Constitution of India, along with Section 482 of the Criminal Procedure Code (Cr.P.C.), sought to challenge the order by the Trial court. The crux of the matter revolved around Sadatulla Syed acting as a surety for accused in support of his surety, Sadatulla Syed produced the original sale deed of his property during the filing of the surety affidavit. This was done to establish his solvency and financial capability to act as a surety in the case. The court, having accepted the surety bond, ordered the original sale deed to be kept in safe custody. An entry in the encumbrance certificate. As the legal proceedings advanced, Sadatulla Syed, the petitioner, applied for the return of the original sale deed. However, the trial court rejected this application, prompting the petitioner to file the present writ petition under Section 482 of Cr.P.C.
In a recent case before the Karnataka High Court, Writ Petition filed by Sadatulla Syed, unfolded a legal dispute surrounding the acquisition of land for the construction of a post office and staff quarters by the National Investigation Agency (NIA). The court’s decision, delivered on January 8, 2024, sheds light on the intricacies of land surety, emphasizing procedural adherence and the irrevocable nature of property rights post-compensation.
Legal Provision:
This petition was filed under Section 482 of Cr.P.C. Section 482 of Cr.P.C. is a provision that empowers the High Court to quash criminal proceedings in order to prevent the abuse of process of law or to secure the ends of justice. In this case Section 482 of Cr.P.C. to quash the order of the trial court that rejected his application for return of the original sale deed that he had produced as a surety for an accused in a case filed by the National Investigation Agency.
Court analysis and Judgement
In this present case the HC of Karnataka allowed the writ petition and ordered the trial court to return the original sale deed of the petitioner. The trial court so far had withheld the original sale deed of the petitioner wrongfully and HC ordered the Trial court to return the documents of the petitioner and return the sale deed to the surety after obtaining the bond.
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Written by- Namitha Ramesh
