High Court for State of TelanganaCRLRC/2007/2015disposed of no costs

S. Chandra Sekhar v. The State Of Andhra Pradesh

2015-09-15Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.2007 of 2015 ORDER:

The 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 25-08-2015 passed in Crl.P.M.P.No.2046 of 2015 (Crime No.282 of 2015-16) on the file of the Judicial Magistrate of First Class for Prohibition and Excise, Chittoor, Chittoor District. Heard and perused.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to release the crime vehicle i..e, Tata Ace HT BS-III bearing registration No.AP 03 TC 3220, which was dismissed by the learned Magistrate vide impugned order.

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 Tata Ace HT BS-III bearing registration No.AP 03 TC 3220,

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 petitioner's executing a personal bond for Rs.1,50,000/- (Rupees One Lakh Fifty Thousand 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 the petitioner 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. If already confiscation orders are passed, this order need not be given effect to.

Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions filed in this revision, if any, shall stand closed.

________________________ JUSTICE RAJA ELANGO 15th September, 2015 skmr