Rathlavath Kumar Nalgonda Dist. v. Sho Kalwakurthy Proh. And Ex. Station Mahaboobnagar Dist.

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3109 OF 2015 O R D E R:

The petitioner-owner of the vehicle preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 8.12.2015 passed in C.F.No.3492 of 2015 in PCOR No.549 of 2015-16 by the Additional Judicial First Class Magistrate, Kalwakurthy.

Heard and perused the material available on record. Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to release the vehicle i.e., Bolero Maxi Truck Plus (Srivari ratham) bearing No.TS05 UA 8757 seized in the above crime and the said application was returned by the learned Magistrate vide impugned order. Challenging the same, the 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 his livelihood. Further, if the vehicle is kept idle for a long period there is every possibility of getting it damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court.

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

Considering these circumstances, it is directed that vehicle i.e.

Bolero Maxi Truck Plus (Srivari ratham) bearing No.TS05 UA 8757 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of the main case, on his executing a personal bond for Rs.4,00,000/- (Rupees Four Lakhs only) with one surety for the like sum to the satisfaction of the Additional Judicial First Class Magistrate, Kalwakurthy, 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 below. It is made clear that this order does not preclude the authorities concerned to pass confiscation proceedings, if any.

If the confiscation proceedings have already been passed, this order does not give any effect.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO Dated: 16.12.2015 Nn

THE HON'BLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.3109 OF 2015 16.12.2015 Nn