Telangana High Court
CRLRC/3272/2015 of Kancherla Rama Lingeswar Rao, Vs The State of Telangana, on 31 December 2015
SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3272 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 18.12.2015 passed in
THE HONOURABLE SRI JUSTICE RAJA ELANGOCRIMINAL REVISION CASE No.3272 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 18.12.2015 passed in Crl.M.P.(SR).No.2975 of 2015 inPR.No.619 of 2015 by the learned I Additional Judicial First ClassMagistrate at Kothagudem, Khammam 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., Honda Shinemotorcycle bearing No.AP 20 R 8963, which was returned by theCourt below 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., Honda Shine motorcycle bearing No.AP 20 R 8963, shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner executinga personal bond for Rs.30,000/- (Rupees thirty thousand only) withone surety for the like sum to the satisfaction of the I AdditionalJudicial First Class Magistrate, Kothagudem, and also onproduction of original R.C. book. It is further directed that thepetitioner shall not alienate the vehicle, shall not change thephysical features of the same till the disposal of the criminal caseand further the petitioner shall undertake to produce the vehicle asand when required by the Court. However, it is made clear thatthe present order will not stand in the way of any confiscationproceedings. If already confiscation orders are passed, the orderneed 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, 2015
sj
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RAJA ELANGO, J