Telangana High Court

CRLRC/3292/2015 of B.Harish Vs The State of AP. on 31 December 2015

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SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3292 of 2015 ORDER: The petitioner filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the returned endorsement dated 15.10.2015 passed in Crl.M.P.No.1761

THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.3292 of 2015

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ORDER:

The petitioner filed this Criminal Revision Case by invokingthe provisions under Sections 397 and 401 of the CriminalProcedure Code being aggrieved by the returned endorsement dated 15.10.2015 passed in Crl.M.P.No.1761 of 2015 inCrime.No.113 of 2014 by the learned Judicial Magistrate of FirstClass, Punganur, Chittoor District.

2. Heard and perused the material available on record.

3. Petitioner herein filed the impugned application underSection 457 of the Code of Criminal Procedure before the Courtbelow seeking to release the crime vehicle i.e., Tata Indica MotorCar bearing No.AP-04-K-8023, which was returned by the Courtbelow vide impugned order on the ground of jurisdiction. Challenging the same, present revision is filed.

4. Learned counsel for the petitioner submitted that thepetitioner is the owner of the vehicle and if the vehicle is kept idlefor a long period, there is every possibility of it getting damaged. He further submitted that the petitioner is ready to furnishsufficient surety and also produce the vehicle as and whenrequired by the Court.

5. Learned Additional Public Prosecutor objects for the same,since the vehicle is involved in a crime.

6. Considering these circumstances, it is directed that thevehicle i.e., Tata Indica Motor Car bearing No.AP-04-K-8023, shallbe released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner executing apersonal bond for Rs.1,00,000/- (Rupees one lakh only) with onesurety for the like sum to the satisfaction of the Judicial FirstClass Magistrate, Punganur, and also on production of originalR.C. book. It is further directed that the petitioner shall notalienate the vehicle, shall not change the physical features of thesame till the disposal of the criminal case and further the petitionershall undertake to produce the vehicle as and when required bythe Court. However, it is made clear that the present order will notstand in the way of any confiscation proceedings. If alreadyconfiscation orders are passed, the order need not be given effectto.

7. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall standclosed.

31[st] December, 2015

sj

_______________

RAJA ELANGO, J

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