Smt.Shilpa Sharma v. The State Of Ap.,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.30 of 2013 Between:

Smt.Shilpa Sharma ..... PETITIONER AND The State of A.P.rep.by its Public Prosecutor and another .....RESPONDENTS The Court made the following:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL REVISION CASE No.30 of 2013 ORDER:

This Criminal Revision Case is filed against the orders of the learned IV Additional Chief Metropolitan Magistrate, Hyderabad, dated 20.10.2012 in Crl.MP.No.3135 of 2012 in

C.C.No.517 of 2012 in Cr.No.48/2012 of P.S.Kachiguda, Hyderabad.

2. Heard the learned counsel appearing for the revision petitioner, learned counsel appearing for the 2nd respondent and the learned Additional Public Prosecutor, representing the State.

3. The revision petitioner is the person who is claiming to be the rightful owner of the property that was seized from the house of A1. On the other hand, the 2nd respondent herein, who is A1, is also claiming that the property seized belongs to her. The revision petitioner/complainant filed a petition for interim custody of the property seized. The Court below, in view of the dispute about the ownership of the property, refused to give the property for interim custody to the revision petitioner. The property that is seized and deposited before the Court below is the gold property. Since there are rival claims for the property seized, granting interim custody to the revision petitioner cannot be considered. The Court below has properly considered the matter and dismissed the petition.

4. I see no merit in the present criminal revision case and the same is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed in consequence. __________________ M.S.K.JAISWAL,J Date: 08.06.2015 Dsr