Dharmasoth Ramesh v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1323 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order dated 09.07.2015 passed in C.F.R.No.586 of 2015 in P.R.No.34 of 2015-16 on the file of the I Additional Judicial Magistrate of First Class at Kothagudem, whereby the learned trial Judge dismissed the petition filed by the petitioner for release of the vehicle, i.e., Auto bearing No.AP 20 TC 6364 for want of jurisdiction.

Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is the owner of the aforesaid vehicle and if the vehicle is kept idle for a long period, it will get damaged and hence, he prays to allow the petition. Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances, it is directed that the vehicle i.e., Auto bearing No.AP 20 TC 6364, shall be released to the petitioner for interim custody, subject to final orders to be passed in main case, on his executing a personal bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with one surety for a like sum to the satisfaction of the concerned, and subject to production of all the documents relating to the vehicle in question. The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial Court. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings.

With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 14.07.2015 pln