Bijay Kumar Udjogi, v. The State Of A.P.,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1491 OF 2016 ORDER:

Petitioner-Owner of the Vehicle filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 26.04.2016 in Crl.M.P.No.209 of 2016 in OR No.58 of 2015-16 passed by the Judicial Magistrate of First Class, Araku.

Heard.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to return the vehicle viz., Maruti Suzuki Car (Alto Lxi) bearing Registration No.OR 10K 0862 seized in connection with the Crime, and the said application was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed. Learned Counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the same is very essential for his daily works. Further, if the vehicle is kept idle for a long period there is every possibility of getting it damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court.

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

Considering these circumstances, it is directed that vehicle i.e. Maruti Suzuki Car (Alto Lxi) bearing Registration No.OR 10K 0862, shall be released for interim custody of the petitioner, subject to final

orders to be passed at the time of disposal of the main case, on his executing a personal bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Araku, 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 the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court below. Accordingly, the Criminal Revision Case is disposed of. Pending Miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO 15.06.2016 Tsr