Srinivast Akula v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3085 OF 2015 ORDER:

Petitioners-Owners of the Vehicles 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 8.12.2015 passed in Crl.M.P.Sr.No.4385 of 2015 in Crime No.329 of 2015 by the X Metropolitan Magistrate, Ranga Reddy District at Malkajgiri.

Heard.

Petitioner herein filed the impugned application under Section 457 Cr.P.C. seeking to return the vehicles i.e., Lorries bearing Nos.AP 15 X 2828 and AP 15 X 2829 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 petitioners submitted that the petitioners are the owners of the vehicles and the same are very essential for their livelihood. Further, if the vehicles are kept idle for a long period there is every possibility of getting them damaged. He also submitted that the petitioners are ready to produce the vehicles as and when required by the Court.

Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicles can be granted to the petitioners by imposing certain conditions.

Considering these circumstances, it is directed that vehicles i.e. Lorries bearing Nos.AP 15 X 2828 and AP 15 X 2829 shall be released for interim custody of the petitioners, subject to final orders to be passed at the time of disposal of the main case, on their executing a personal bond for a sum of Rs.3,00,000/- (Rupees Three lakhs only) with one surety for the like sum, for each vehicle, to the satisfaction of the X Metropolitan Magistrate, Ranga Reddy at Malkajgiri, and also on

production of original R.C. books. It is further directed that the petitioners shall not alienate the vehicles, shall not change the physical features of the same till the disposal of the criminal case and further they shall undertake to produce the vehicles 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 give 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.3085 OF 2015 DATED 10th December, 2015.

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