Chowdavarapu Jagadish, v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1103 OF 2016 ORDER:

This Criminal Revision Case is filed by the petitioneraccused challenging the order of the Additional Judicial First Class Magistrate, Jaggayyapeta dated 4.4.2016 in dismissing Crl.M.P.No.809 of 2016 in Crime No.223 of 2015 filed under Section 457 of Cr.P.C. to return the documents mentioned in the petition for interim custody.

The first petitioner-A.1 is the husband of second petitionerA.2. The second petitioner herein is running the business under the name and style of M/s. Sri Srinivasa Auto Finance and providing finance to the persons who would purchase two and three wheelers. A case was registered against the petitioners in Crime No.223 of 2015 for the offences under Sections 420, 384 and 506 IPC and during the course of investigation, the investigating agency seized the customers' agreement books, 338 in number, which contain RC books, insurance bonds etc. Seeking interim custody of the said documents, they filed the impugned application before the trial Court and through the impugned order, the trial Court dismissed the same. Hence, the revision.

Admittedly, the documents were seized from the office premises of the second petitioner. Even though the petitioners before the trial Court claimed for return of documents, 338 in number, now they confined it to the extent of 108 documents by way of filing a separate list describing the documents, on the ground that the persons concerned with those documents have already paid the entire dues advanced by the petitioners towards finance and hence, the second petitioner is under obligation to

return those documents to the said persons.

In view of the above, this Court is of the view that if the relief as sought for by the petitioners is granted, it will not cause any prejudice to the prosecution. Hence, the revision is disposed of with the following directions:

The trial Court is directed to return the documents, 108 in number, as mentioned in the list, to the second petitioner on condition of second petitioner filing an affidavit before the trial Court describing each of the persons concerned and informing that they have already settled the amounts and that they are taking back the original R.Cs. and keys of the vehicles concerned. Further the second petitioner is directed to obtain the Photostat copies of the originals of those documents and file the same before the trial Court for the purpose of trial. Pending Miscellaneous Petitions, if any, stands closed. ________________________ JUSTICE RAJA ELANGO 27.06.2015 Tsr