High Court for State of TelanganaCRLRC/1850/2015disposed of no costs

P.Rajamouli v. The State Of Telangana,

2015-09-02Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1850 of 2015

ORDER

This Criminal Revision Case under Sections 397 and 401 Cr.P.C., is filed by the petitioner against the order dated 19.08.2015 passed in Crl.M.P.No.295 of 2015 in Cr.No.466 of 2015-16 by the learned Special Judicial Magistrate of First Class for Prohibition and Excise Cases at Warangal.

2. Heard learned counsel for the petitioner and learned Public Prosecutor for the State.

3. Petitioner herein filed the impugned application under Section 457 Cr.P.C., seeking to release the crime vehicle i.e. Lorry bearing Registration No.AP-16-W-3040 (Chassis No.QXE378859,Engine No.QXE266392) and the same was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

4. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle and the same is very essential for eking out his livelihood. He further submits that if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. He also submits that the petitioner is ready to produce the vehicle as and when required by the Court.

5. Learned Additional Public Prosecutor submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

6. Considering these circumstances, the Station House

Officer, Prohibition and Excise Station, Wardhannapet, Warangal District, is directed to release the vehicle i.e., Lorry bearing Registration No.AP-16-W-3040 (Chassis No.QXE378859,Engine No.QXE266392) to the petitioner for interim custody, subject to final orders to be passed in the main case, on his executing a personal bond for Rs.4,00,000/- (Rupees Four Lakhs only) with one surety for the like sum to the satisfaction of the said Station House Officer and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court.

7. The Criminal Revision Case is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this revision shall stand closed.

______________________ JUSTICE RAJA ELANGO 2nd September, 2015 sj

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.946 OF 2012 DATED 27th JUNE, 2012.