Bodasu Mallaiah v. The State Of Telangana

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.14914 of 2016 ORDER :

This criminal petition is filed under Section 482 read with Section 451 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') by the petitioner/A.1 to direct the Station House Officer, Veenavanka Police Station, Karimnagar, to release the Tractor and Trailer bearing Registration Nos.TS-02-UA-1610 and TS-02-UA 1611 seized in Crime No.144 of 2016 by permitting him to furnish the third party surety before the II-Additional Judicial First Class Magistrate, Huzurabad.

2.

During hearing, the learned Public Prosecutor submitted that the police after due investigation filed charge sheet and produced the property i.e., Tractor and Trailer before the II-Additional Judicial First Class Magistrate, Huzurabad, therefore, this petition under Section 482 read with Section 451 Cr.P.C. is not maintainable. 3.

In view of the submission made by the learned Public Prosecutor and since the property i.e., Tractor and Trailer bearing Registration Nos.TS-02-UA-1610 and TS-02-UA 1611 is produced before the II-Additional Judicial First Class Magistrate, Huzurabad, the petitioner/A.1 is advised to file an application under Section 451 Cr.P.C. before the II-Additional Judicial First Class Magistrate, Huzurabad, with a notice to the Public Prosecutor and on filing such application, the learned Magistrate is directed to decide the matter within a week from the date of filing of such application.

4.

Accordingly, this criminal petition is disposed of. 5.

Miscellaneous petitions pending, if any, shall stand closed. _________________________________ M. SATYANARAYANA MURTHY, J 25th October 2016 mar