Telangana High Court

CRLRC/3295/2015 of Koleti Narayana Vs The State of Telangana on 31 December 2015

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SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3295 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 order dated 21.12.2015 passed in Crl.M.P.No.6559 of 2015 in COR

THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.3295 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 order dated 21.12.2015 passed in Crl.M.P.No.6559 of 2015 in COR No.641 of 2015-16 by the learned Judicial Magistrate of First Class(Prohibition and Excise Cases), Khammam.

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., Goods CarriageLMV, Mahindra Bolero Maxi Truck Plus 2 Wd BS III bearing No.TS04 UA 8403, which was dismissed by the Court below videimpugned order on the ground of jurisdiction. Challenging thesame, 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., Goods Carriage LMV, Mahindra Bolero Maxi Truck Plus 2 Wd BS III bearing No.TS 04 UA 8403, shall be released forinterim custody of the petitioner, subject to final orders to bepassed in the main case, on petitioner executing a personal bondfor Rs.1,00,000/- (Rupees one lakh only) with one surety for thelike sum to the satisfaction of the Special Judicial Magistrate ofFirst Class (Prohibition and Excise Cases) at Khammam. It isfurther directed that the petitioner shall not alienate the vehicle,shall not change the physical features of the same till the disposalof the criminal case and further the petitioner shall undertake toproduce the vehicle as and when required by the Court. However,it is made clear that the present order will not stand in the way ofany confiscation proceedings. If already confiscation orders arepassed, the order need not be given effect to.

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

31[st] December, 2015sj

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RAJA ELANGO, J

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