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High Court for State of TelanganaCRLRC/1463/2015allowed no costs

Samala Balanarsaiah v. The State Of Telangana,

2015-07-29Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.1463 of 2015 ORDER:

Petitioner filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 22.07.2015 passed in Crl.M.P.No.180 of 2015 in P.R. No.281 of 2015-16 by the Special Judicial Magistrate of First Class for Prohibition & Excise Cases, Warangal. Heard and perused.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to release the crime vehicle bearing registration No.AP-16-W0844, Engine No.DXE249375, Chasis No.DXE364531, which was dismissed by the learned Magistrate vide impugned order on the ground of jurisdiction. Challenging the same, present revision is filed.

Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle. Further, if the vehicle is kept idle for a long period there is every possibility of it getting damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court.

Learned Additional Public Prosecutor objects for the

same since the vehicle is involved in a crime. Considering these circumstances, it is directed that vehicle bearing registration No.AP-16-W-0844, Engine No.DXE249375, Chasis No.DXE364531, 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 her executing a personal bond for Rs.1,00,000/- (Rupees One lakh only) with one surety for the like sum 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 she shall undertake to produce the vehicle 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. Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions filed in this revision, if any, shall stand closed.

_________________ RAJA ELANGO, J 29th July, 2015 skmr