Guguloth Somanna v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3091 OF 2015 ORDER:

Petitioner-Owner of the Vehicle-A2 filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 20.11.2015 passed in Crl.M.P.No.625 of 2015 in Crime No.362 of 2015-16 by the Judicial First Class Magistrate at Thungathurthy. Heard.

Petitioner herein filed the impugned application seeking to return the vehicle i.e., PIAGGIO Auto bearing No.AP-36-Y-9832 (Engine No.P1B4052404, Chassis No.MBX0000ZFMB224367) seized in the above crime, and the said application was returned by the learned Magistrate vide impugned order. Challenging the same, the present revision 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 livelihood. 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. PIAGGIO Auto bearing No.AP-36-Y-9832 (Engine No.P1B4052404, Chassis No.MBX0000ZFMB224367) 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.1,00,000/- (Rupees One lakh only) with one surety for the like sum to the satisfaction of the Judicial First Class Magistrate at

Thungathurthy, 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. It is made clear that this order does not preclude the authorities concerned from passing confiscation proceedings, if any. If the confiscation proceedings have already been passed, this order does not have any effect.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 10.12.2015 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.3091 OF 2015 DATED 10th December, 2015.

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