Maloth Nanda v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO Criminal Revision Case No.2154 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 28-06-2015 passed in Crl.M.P.No.156 of 2015 (Crime No.123 of 2015) by the Judicial Magistrate of First Class, Mahaboobabad, Warangal District. 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., DCM van bearing No.AP 36 TB 2007, which was dismissed 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 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., DCM van bearing No.AP 36 TB 2007 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.2,00,000/- (Rupees Two Lakhs 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 29th September, 2015 skmr