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Judgment
B.V. Pinto
This petition is filed by the petitioner who is the husband of the deceased and an accused in S.C. No. 145/2007 registered for offences under Sections 3, 4 and 6 of Dowry Prohibition Act and under Sections 498(A). 304(B) & 306 read with 34 IPC.
The said case has been disposed of by an order of acquittal passed by the First Additional Fast Track Court, Tumkur, with a further direction that MOs - 1 to 7 shall be handed over to the mother of the deceased. The petitioner challenges the said order in so far as MO-2 is concerned and submits that the said MO 2 was presented by him during the lifetime of the deceased i.e., at the time of marriage and hence, he is entitled for the return of the same.
Heard Sri. H. Ramachandra, learned counsel for the petitioner and Sri. Satish R. Girji learned HCGP for the first Respondent - State.
Though the mother of the deceased by name Lakshnamma is served, she has not contested the matter. However, in the interest of justice, it is necessary that the petitioner be given an opportunity to prove the ownership of the said MO-2 and hence, order regarding disposal of the property passed by the 1st Additional Fast Track Court. Tumkur dated 31.03.2009 in S.C. No. 145/2007 in so far as return of MO-2 is concerned is set aside. The matter is remitted to the Sessions Court with a direction to register a separate criminal miscellaneous case and afford opportunity to both The petitioner and respondent No. 2 Smt. Lakshmamma to prove then entitlement in so far as MO-2 is concerned and diepose of the same on the basis of the merits of the said proceedings. Accordingly, petition is disposed of.