High Court for State of TelanganaCRLRC/2471/2015disposed of no costs

Samudrala Srinivas v. The State Of Telangana

2015-10-29Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.2471 of 2015

ORDER

Petitioner preferred the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved by the order dated 07-10-2015 passed in Crl.M.P.No.364 of 2015 in Crime No.981 of 2014-15 on the file of the Judicial Magistrate of First Class, Manthani, Karimnagar District. Heard and perused.

When the petitioner approached the Court below for interim custody of the vehicle bearing registration No.TS 02 UA 2094 (Auto Trolley), the Court below dismissed the application. Challenging the same, the present revision has been preferred.

Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle. Further, if the vehicle is kept idle for a long period there is every possibility of it getting damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court.

Learned Additional Public Prosecutor objected for grant of interim custody submitting that the vehicle is involved in a crime.

Considering the facts and circumstances of the case, it is directed that vehicle bearing registration No.TS 02 UA 2094 (Auto Trolley) shall be released for interim custody of

the petitioner, subject to final orders to be passed at the time of disposal of main case, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the trial Court 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. However, it is made clear that the present order will not stand in the way of confiscation proceedings, if any. Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions pending in this revision, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO 29th October, 2015 skmr