CRLRC/3293/2015 of Koleti Seetha Ramaiah Vs The State of Telangana on 31 December 2015

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.6558 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., Hero Honda MotorCycle (Drem Uga FDB KSS ALLOY WHEELS BSIII) bearing No.TS04 F TR 7558 Engine No.JC58ET3602775 ChasisNo.ME4JC589MET415713, which was dismissed 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 the vehicle i.e., Hero Honda Motor Cycle (Drem Uga FDB KSS ALLOYWHEELS BSIII) bearing No.TS 04 F TR 7558 EngineNo.JC58ET3602775 Chasis No.ME4JC589MET415713, shall bereleased for interim custody of the petitioner, subject to finalorders to be passed in the main case, on petitioner executing apersonal bond for Rs.40,000/- (Rupees forty thousand only) withone surety for the like sum to the satisfaction of the SpecialJudicial Magistrate of First Class (Prohibition and Excise Cases)at Khammam. 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

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RAJA ELANGO, J