High Court for State of TelanganaCRLP/16121/2014disposed of no costs

Vaibonia Nukesh v. Station House Officer And Another

2016-04-04Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.16121 OF 2014 ORDER:

Petitioner-Owner of the Vehicle filed this Criminal Petition by invoking the provision under Section 482 of the Criminal Procedure Code being aggrieved by the order dated 09.12.2013 passed in Crl.M.P.No.943 of 2013 in Crime No.61 of 2013 by the Judicial Magistrate of First Class, Rampachodavaram.

Heard.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to return two wheeler viz., Hero Honda Passion Motor Cycle bearing Registration No.AP 05BX 2833 and the said application was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present petition 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 daily works. 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. Hero Honda Passion Motor Cycle bearing Registration No. Passion Motor Cycle bearing Registration No.AP 05BX 2833, 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.30,000/- (Rupees Thirty Thousand only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Rampachodavaram, 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. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions filed in this petition, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO 04.04.2016 Tsr THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.2186 OF 2015 DATED 8th October, 2015.