My Home Constructions Private Limited v. The State Of Telangana

HONOURABLE SRI JUSTICE P. KESHAVA RAO CRIMINAL PETITION NO.1707 OF 2020 ORDER:

Heard learned counsel for the petitioner as well as learned Public Prosecutor.

2.

This criminal petition is filed under Section 482 Cr.P.C. aggrieved by the orders dated 03.03.2020 passed by the Judicial Magistrate of First Class, Ramannapet in Crl.M.P.No.2 of 2020 in Crime No.302 of 2019 of Police Station, Chityal, dismissing the petition filed under Section 457 Cr.P.C. for giving interim custody of Tata Motors Cement Tanker Lorry Registration No. TS 29T 9404. 3.

The case of the prosecution is that alleged vehicle has been seized in connection with Crime No.302 of 2019 on the file of Police Station, Chityala for the offence under Section 304-A IPC. 4.

Learned counsel for the petitioner submits that the seized vehicle of the petitioner has been falsely implicated by the police and therefore, the same may be released subject to giving security in the form of immovable property.

5.

Learned Public Prosecutor fairly conceded that the alleged vehicle may be released subject to giving security in the form of immoveable property.

6.

Accordingly, the criminal petition is disposed of with a direction to the learned Judicial Magistrate of First Class, Ramannapet to release the vehicle i.e., Tata Motors Cement Tanker Lorry Registration No. TS 29T 9404, to the petitioner for interim custody subject to the final orders to be passed in the criminal proceedings, if any, on his furnishing Rs.5,00,000/ - (Rupees five lakhs

only) immovable property security and also on production of the original R.C.Book and on his further giving an undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without changing its major parts and features and would produce the same as and when directed before any Court or competent authority.

Miscellaneous petitions pending, if any, shall also stand closed.

________________________ JUSTICE P. KESHAVA RAO Date: 29.05.2020 ccm

HONOURABLE SRI JUSTICE P. KESHAVA RAO CRIMINAL PETITION NO.1707 OF 2020 Date:29.05.2020 ccm