Guntimeedi Venkatesh v. The State Of T.S

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENry SIXTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMf NAL PETITION NO: 5698 OF 2021 Between:

Ganaboina Venkatesh, Sio. Kataiah, Aged about 25 Years, Occ. Business, R/o.'1 -6-1 68, Hanummawada, Bhongir Town, Yadadri- Bhongir District.

...Petitioner

AND The State of Telangana, represented by its Public Prosecutor, High Court of Telangana, Hyderabad Police Station Bhongir Rural. ... Respon dents/Com pla ina nt Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside quash the order passed in Crl.MP.No. 220 of 2020 in PRC. No. 27 of 2020 in Cr. No. 19 of 2020 in the Court of the Additional Judicial First Class Magistrate, at Bhongir, by release the petitioner's property in Cr.No 19 of 2020 i.e.Motor Cycle Hero Splendor with Registration No- AP 24 AW'1513, 2) Real Me Smart Phone 3) MOTO Company Smart Phone forthwith to the petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Baddam Narsimha Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

The Court made the following: ORDER

THE HONCIURABLE SRI JUSTICE K' LAKSHMAN cRIMI,NAL PETITION No. s698 0F 2021 /, ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the order dated 07 'lO'2021 in Crl.M.P.No.220 of 2O2O in PRC.No.27 of 2O2O passed by the Principal Judiciat First Class Magistrate, Bhongir' 2.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record'

3.

The petitioner herein is accused in PRC'No'27 of 2O2O and he is the owner of seized property i'e', (i) motorcycle Splendor bearing registration No'AP-24-AW-1513, (ii) Real Me smart phone and (iii) Moto company smart phone, in the said crime. The offence alleged against the petitioner is under Section 395 of IPC. The Police have seized the said property in Crime No.19 of 2020'

4 .

The petitloner, claiming to be the owner of the said property, filed an application under Section 451 of Cr'P'C" vide Cr1.M.P.No.220 of 2O2O seeking to release the said property. The Court below, vide impugned order, dismissed the said application on the ground that the seized vehicle was used in commission of offence and therefore, there is every chance that the owner may commit the similar type of offence'

5.

The Honble Apex Court in SUNDERBHAI AMBALAL DESAI V/s. STATE OF GUJARATI and this Court in catena of decisions, held that seized property has to be returned to the owner on verification of the ownership and documents and on imposition of certain terms and conditions. It was also held that keeping the seized property in the custody of Police will not serve any purpose. In the present case, the Court below, without considering the said ratio laid down by the Honble Supreme Court and this Court, has dismissed Cr].M.P.No.220 of 2O2O vide order dated 07. 10.2O2O. 6.

A perusai of the record would reveal that Investigating Officer already completed investigation and filed charge sheet in Crime No. 19 of 2O2O vide pRC.No.27 of 2020. 7 .

Considering the said facts, this Criminal petition is allowed and the order dated 07.1O.2021 in Crt.M.p.No.22O of 2O2O rn PRC.No.27 of 2O2O passed by the principal Judicial First Class Magistrate, Bhongir, is hereby quashed. The Court below is directed to release the above said seized property to the petitioner on verification of ownership and on imposition of certain conditions to its satisfaction. SD/. K. SAILESHI ASSISTANT REGISTRAR //TRUE COPY// 't (20021 10 scc 283 \ SECTION OFFICER To, The Judicial First Class Magistrate, at Bhongir, Nalgonda District. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to Sri Baddam Narsimha Reddy, Advocate [OpUC] Two CD Copies MMK \\F

HIGH COURT KLJ DATED:2610712021

ORDER

,r I'

1 g STAT € ( CRLP.No.5698 of 2021 ty lt!

F.U t0 o r) a ALLOWING THE CRIMINAL PETITION I Ll