Mudavath Gopal Nayak v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2260 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 order, dated 01.10.2015, passed in C.F.R.No.2736 of 2015 in P.C.O.R.No.815 of 2015-16 by the Court of the Judicial Magistrate of First Class at Wanaparthy, 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 petition filed by him before the Court below for release of the vehicle is dismissed for want of jurisdiction. Learned Additional Public Prosecutor opposed for the same. Considering the facts and circumstances, it is directed that the vehicle i.e.

, Hero Honda Passion Pro Motor Cycle bearing No.TS 06 EC 7338 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 Rs.30,000/- (Rupees thirty thousand only) with one surety for a like sum to the satisfaction of the learned Judicial Magistrate of First Class at Wanaparthy, 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 07.10.2015 pln