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High Court for State of TelanganaCRLRC/1744/2013dismissed

Nallabothula Srinivasa Rao , Reporter Srinu v. The State Of A.P., Rep. By P.P.

2015-07-27M.S.K.Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH CRIMINAL REVISION CASE No.1744 of 2013 Between:

Nallabothula Srinivasa Rao @ Reporter Srinu ..... PETITIONER-A1 AND The State of Andhra Pradesh represented by Public Prosecutor, High Court, Hyderabad .....RESPONDENT DATE OF JUDGMENT PRONOUNCED: 27.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

2.

Whether Their Ladyship/Lordship wishes to see the fair copy of the Judgment?

Yes/No HON'BLE SRI JUSTICE M.S.K.JAISWAL CRL.R.C.No.1744 of 2013 JUDGMENT:

This Criminal Revision Case is directed against the docket order dated 01.06.2013 passed in Crl.M.P.No. Nil of 2013 (CFR No.2113 of 2013) in P.R.C.NO.6 of 2013 on the file of the Junior Civil Judge, Piduguralla.

Petitioner-A1 filed a petition in Crime No.316 of 2012 of Piduguralla Police Station before the Junior Civil Judge, Piduguralla, seeking interim custody of the Motor Cycle bearing No.A.P.07.BM.3435 in his favour. The learned Junior Civil Judge, by docket order dated 01.06.2013, directed the petitioner to file the petition in proper Court as the case is committed to the Court of Sessions. Questioning the said order, the revision petitioner-A1 preferred the present revision.

Admittedly, the offences alleged against the petitioner-A1 and other accused are triable by Court of Sessions and that the case has been committed to the Court of Sessions. Therefore, the petition seeking interim custody of the vehicle should be filed before the trial Court, but not in the committal Court.

For the aforementioned reasons, this Court is of the considered view that the impugned order does not suffer from any illegality or infirmity which calls for interference by this Court.

Accordingly, the Criminal Revision Case is dismissed. Miscellaneous petitions, if any, pending shall stand closed.

_________________ M.S.K.JAISWAL, J 27-07-2015 Gsn