Azmeera Hatya v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2594 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the docket order, dated 26.10.2015, passed in Crl.M.P (SR).No.3685 of 2015 in COR No.254/2015-16 by the Court of the Judicial First Class Magistrate, Yellandu, Khammam District, whereby the learned Judge returned the petition filed by the petitioner for release of vehicle, for want of jurisdiction. Heard and perused the material available on record. Learned counsel for the petitioner submits that the Court below erroneously dismissed the petition filed by him for release of the vehicle. Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances, it is directed that the vehicle i.e.

, Hero Honda Splendor Plus Motor Cycle bearing No.AP 20 AL 9627 shall be released to the petitioner for interim custody, subject to final orders to be passed in the main case, on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with one surety for a like sum to the satisfaction of the learned Judicial First Class Magistrate, Yellandu, and subject to production of all the documents relating to the vehicle in question. The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial Court. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings. With the above directions, the Criminal Revision Case is disposed of.

Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

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JUSTICE RAJA ELANGO 04.11.2015 pln