Mendu Venkateswara Rao v. State Of Andhra Pradesh

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1723 of 2015 ORDER:

This revision is filed by the petitioners challenging the order dated 29.6.2015 passed by the Special Judge for SPE and ACB Cases-cum-II Additional District & Sessions Judge, Nellore in Crl.M.P.No.133 of 2015 in Crime No.3/RCT-NPK/2010. The petitioners filed the above Crl.M.P. under Sections 451 and 457 Cr.P.C. seeking to return the gold and silver ornaments mentioned in annexures I to III enclosed to the petition, for interim custody of the petitioners for the purpose of marriage of their eldest son. The Court below dismissed the said application. Aggrieved by the same, the present revision is filed.

Heard and perused the material available on record. The petitioners filed the above application for return of the ornaments on the ground of marriage of their son. According to the petitioners, the marriage was on 29.5.2015. By the time of disposal of the above M.P., the purpose for which the petitioners sought for interim custody of ornaments was over. Apart from that, the ornaments are not perishable things. Further, the trial in the above case is also not yet commenced.

Considering the said aspects, the Court below dismissed the above application. The approach of the petitioners at the threshold of the matter, for interim custody of the ornaments, which are imperishable in nature, is premature one. This Court does not find any grounds to interfere with the order. Therefore, the revision is liable to be dismissed.

Accordingly, the Criminal Revision Case is dismissed. However, the petitioners are at liberty to approach the Court concerned at appropriate time.

_______________ RAJA ELANGO, J 26th August, 2015 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1723 of 2015 26.8.2015 Nn