Santosh Kopwear Dattu v. The State Of Telangana.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6394 OF 2016 ORDER:

Petitioner-Owner of the Vehicle filed this Criminal Petition by invoking the provision under Section 482 Cr.P.C. seeking to quash the order dated 16.3.2016 whereby the learned XX Metropolitan Magistrate, Cyberabad at Malkajgiri dismissed Crl.M.P.No.202 of 2016 in Crime No.116 of 2016 filed by the petitioner seeking interim custody of the seized vehicle.

Heard.

Petitioner herein filed the impugned application under Section 451 of the Code of Criminal Procedure seeking to return the vehicleAuto bearing Registration No.AP 13-W-9998 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, the learned XX Metropolitan Magistrate, Cyberabad at Malkajgiri is directed to pass an order directing the police concerned those who seized the vehicle for interim

custody of the vehicle in favour of the petitioner, subject to final orders to be passed at the time of disposal of the main case, on condition of petitioner executing a bond for a sum of Rs.80,000/- (Rupees eighty thousand only) with one surety for the likesum 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 26th April, 2016.

Tsr THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6394 OF 2016 26-04-2016 Tsr