High Court for State of TelanganaCRLP/10130/2022disposed of no costs

Smt. S.Geeta Laxmi , Geethalaxmi v. The State Of Telangana

2023-03-21K.Surender6 pages

HICH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER Criminal Petition No. 10130 of 2022 Betn een:

Smt. S.Geeta Laxmi @ Geethalaxmi, W/o S.Sreedhar, Aged abottt 47 years, Occ. Housewife, H.No.1-7-59/A, Road No.14, Chaitanyapuri, Dilshukhnagar, Hyderabad - T.S.

...Petitioner/ Defacto Complainant.

AND

1. The State of Telangana, Rep., by Public Prosecutor, High Court at Hyderabad. Through ACB, Mahaboobnagar Range.

..Respondent No.1/Complanant.

2. Shikilambatla Sreedhar, S/ o Parshuramulu, Aged about 55 years, Occ. Tahsildar and Joint Sub- Registrar, Marikal, Narayanpet Distric! R/o H.No.101/A, Near Nalla Janamma Temple, Makthal, Narayanpet District, N/o H.No.1-7-59/A, Road No.14, Chaitanyapuri, Dilshukhnagar, Hyderabad - T.S.

...Respondent No.2/Accused Officer.

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crimhal Petition, the High Court may be pleased to Quash the orders passed in Crl.M.P.No.298 of 2O22 in Cr.No.1/ACB-MBNR/2022, dated 19/01./2022 on the file of I Addl. Special Judge for Trial of SPE and ACB Cases, Hyderabad and consequently grant Interim Custody of 22 gold Ornaments seized in Cr.No.l/ACB-MBNR/2022, dated 79/01/2022 to the Petitioner towards Interim Custody, pending investigation and trial in Cr.No.1/ACBMBNR/2022, dated 19/01./2022 on the file of I Addl. Special Judge for Trial of SPE and ACB Cases, Hyderabad.

I.A. NO: 7 OF 2022 Petition under Section 482 of Cr.P-C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the orders passed in Crl.M.P.No.298 of 2022 in Cr.No.1/ACB-MBNR/2022, dared 19/01/2022 on the file of the I Addl. Special Judge for Trial of SPE and ACB Cases, Hyderabad.

I.A. NO: zOF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Interim Custody of 22 gold Ornaments seized in Cr.No.1/ACB-MBNR/ 2022, dated1.9/07/2022to the Petitioner towards Interim Custody, pending disposal of above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P.Vamsheedhar Reddy, Advocate for the Petitioner and of Sri Sridhar Chikyala (SC SPL PP ACB TS) on behalf of the Respondent No.1 and of the Respondent No.2 noi apperring in person or through his counsel.

The Court made the following: ORDER l,'

THE HONOURABLE SRI ]USTICE K.SURENDER CRIMINAL PETITION No.1O13O OF 2022

ORDER

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for shott 'Cr.P.C.') by the petitioner to set aside the order passed in Crl.M.P.No.29B of 2022 in CT.No.UACB-MBNR/2022, dated 19.01.2022 by the I Additional Special Judge for Trial of SPE & ACB Cases; Hyderabad and consequently grant interim custody of 22 gold Ornaments seized in CT.No.UACB-MBNR/2022, dated 19-012022 to the petitioner towards Interim Custody; pending investigation and trial in Cr.No.1/ACB-MBNR/2022, dated 19-012022 on the file the I Additional Special Judge for Trial of SPE & ACB Cases, Hyderabad.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.

The petitioner - de facto complainant is the wife of 2nd respondent - accused, who is facing investigation for being in :\

possession of disproportionate assets. During the course of search, ACB authorities seized the articles which are jewellery of the petitioner herein i.e., items in Sl.No.1-22. The said valuation of the ACB is Rs.2,98,200/-.

4. According to the learned counsel for the petitioner, the petitioner has no jewellery and entire jewellery what she was wearing was seized during the search by ACB.

5. In the said circumstances, this Court deems it appropriate to direct return of Article Nos.1 to 22 mentioned in the order dated 10.08.2022 in Crl.M.P.No.298 of 2022, by furnishing a surety for an amount of Rs.2,00,000/- (Rupees Two Lakhs only), on the condition that the said jewellery will not be disposed off in any manner or altered In any manner.

6. With the above observation, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed.

sd/- G. STREESHA ASSISTANT REG //TRUECOPY// SECTION OFFICER To, 1.

The I Addl. Special Judge for Trial o{ SPE and ACB Cases, Hyderabad.

The Station House Officer, ACB Police Station, Mahabubnagar. One CC to Sri P.Vamsheedhar Reddy, Advocate [OPUC] One CC to Sri Sridhar Chikyala (Spl. Public Prosecutor for ACB TS) IoPUCI Two CD Copies 2.

JCK *\*/

HICH COURT DATED: 27/03/2023 o E STA rE ,., :\ 'bi a q )J 1? [Ps ?$8 .i)

ORDER

CRLP.No.10130 of 2022 Disposing of the Criminal Petition \)\r0 \