Md. Nasar v. The State Of Telangana

HON'BLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.1052 of 2015 ORDER:

This revision is preferred challenging the order dated 29-05-2015 passed by the Judicial First Class Magistrate, Thorrur, Warangal District in Crl.M.P. No.1313 of 2015 in Crime No.106 of 2015, wherein the learned Magistrate dismissed the petition filed by the petitioner invoking the provisions under Section 457 Cr.P.C. to return She-Buffaloes (10 Nos.) and Buffalo (1 No.). The learned counsel for the petitioner submits that the Government has set up cattle market under the ministry of Animal Husbandry under the territorial jurisdiction of the Hon'ble Court and petitioner is the registered owner of the cattle and he purchased the cattle from the same cattle market run by the Government by paying the prescribed fee and commission.

Admittedly, the petitioner is the owner of the buffaloes and he is an accused before the trial Court. Considering the facts and circumstances of the case, it is directed that She-Buffaloes (10 Nos.) and Buffalo (1 No.) shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on his executing a personal

bond for Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like sum. It is further directed that the petitioner shall not alienate the said buffaloes till the disposal of the criminal case and further he shall undertake to produce the said buffaloes as and when required by the Court. However, it is made clear that the present order will not stand in the way of any confiscation proceedings, if any.

Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions filed in this revision, if any, shall stand closed.

___________________ RAJA ELANGO, J.

03rd July, 2015 skmr