High Court for State of TelanganaCRLRC/2280/2015disposed of no costs

N.Srinivas , Srinivas Rao v. The State Of Telangana,

2015-10-08Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2280 of 2015

ORDER

The petitioner preferred the present Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 30.09.2015 passed in C.F.R.No.1701 of 2015 in C.O.R.No.469 of 2015-16 on the file of the Judicial Magistrate of First Class at Mulug.

2. Heard learned counsel for the petitioner and learned Public Prosecutor for the State.

3. Petitioner herein filed the impugned application under Section 451 Cr.P.C., seeking to release the crime vehicle i.e., Goods Carriage LMV, bearing Reg.No.AP-01-Y-4967 and the same was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

4. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle and the same is very essential for eking out his livelihood. He further submits that if the vehicle is kept idle for a long period, there is every possibility of it getting damaged. He also submits that the petitioner is ready to produce the vehicle as and when required by the Court.

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

6. Considering these circumstances, the Station House Officer, Prohibition and Excise Station, Mulug, Warangal District, is directed to release the vehicle i.e., Goods Carriage LMV, bearing Reg.No.AP-01-Y-4967 to the petitioner for interim custody, subject to final orders to be passed in the main case, on his executing

a personal bond for Rs.1,00,000/- (Rupees one Lakh only) with one surety for the like sum to the satisfaction of the said Station House Officer 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 disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court.

7. The Criminal Revision Case is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this revision shall stand closed. ______________________ JUSTICE RAJA ELANGO 8th October, 2015 sj

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.946 OF 2012

DATED 27th JUNE, 2012.