High Court for State of TelanganaCRLRC/2136/2015disposed of no costs

Malothu Ravi v. The State Of Telangana

2015-09-30Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.2136 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 return endorsement dated 14-08-2015 passed in C.F.R.P.No.1336 of 2015 in P.O.R.No.727 of 2015 by the Judicial Magistrate of First Class, Mulug.

Heard and perused the records.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking interim custody of the vehicle i.e., Xenon pick-up van bearing No.TS 03 UA 5518, which was returned 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 and the same is very essential for eking out his livelihood. 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 objected for grant of interim custody submitting that the vehicle is involved in a crime. Considering the circumstances of the case, it is directed that vehicle i.e., Xenon pick-up van bearing No.TS 03 UA 5518 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 his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the trial court 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 he 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 confiscation proceedings, if any. Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions pending in this revision, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO 30th September, 2015 skmr