High Court for State of TelanganaCRLRC/2716/2015disposed of no costs

Guguloth Deva v. The State Of Telangana.,Rep.,Pp

2015-12-11Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2716 OF 2015 ORDER:

Petitioner-Owner of the Vehicle 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 05.11.2015 in Crl.M.P.(Sr).No.3565 of 2015 in COR No.250/2015-16 passed by the Judicial Magistrate of First Class, Yellandu, Khammam District. Heard.

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to return two wheeler viz., Hero Motor Cycle bearing Registration No.AP 20-UE-TR-2269, Chassis No.MBLJA06AGE9D04998, Engine No.JA06EJE9D05292 and the said application was dismissed 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 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, it is directed that vehicle i.e. Hero Motor Cycle bearing Registration No.AP 20-UE-TR-2269, Chassis No.MBLJA06AGE9D04998, Engine No.JA06EJE9D05292, 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.40,000/- (Rupees Forty Thousand only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Yellandu, Khammam District, 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 Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO 11.12.2015 Tsr THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.2186 OF 2015 DATED 8th October, 2015.