High Court for State of TelanganaCRLRC/2933/2017dismissed

Mohd Gouse Pasha v. The State Of Telangana.,Rep.,Pp

2017-12-07A.Shankar Narayana2 pages

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL REVISION CASE No.2933 OF 2017 ORDER:

This revision case, under Sections 397 and 401 Cr.P.C., is filed by the revision petitioner assailing the order, dated 21.09.2017, passed in Crl.M.P.No.1008 of 2017 in Crime No.249 of 2017 on the file of the learned Judicial Magistrate of First Class, Suryapet, refusing to release the Bolero vehicle bearing registration No.TS-15-UA-7176.

2. The aforesaid vehicle was involved in Crime No.249 of 2017 of Suryapet Town Police Station, Suryapet District, registered for the offences punishable under Section 420 I.P.C. and Section 11 (i) (a) (d) (e) (h) of Prevention of Cruelty of Animals Act, 1960. Seeking release of the said vehicle, Crl.M.P.No.1008 of 2017, under Section 451 Cr.P.C., was filed by the revision petitioner. The Court below, by the order under challenge, rejecting the plea taken by the revision petitioner as to his innocence and ignorance concerning the use of said vehicle for transportation of cattle, dismissed the petition. In fact, the said vehicle was involved in another crime earlier and the Registration Certificate Book of the said vehicle was deposited with VII Metropolitan Magistrate, Hayathnagar.

3. No doubt, learned counsel for the petitioner would submit that the revision petitioner himself brought to the notice of the Court about the earlier crime, but that cannot be a ground, as it clearly reflects that he has not taken care and caution to see that the vehicle

was not involved in yet another crime, being alike in nature. Therefore, the order passed by the learned Magistrate cannot be faulted.

4. The Criminal Revision Case is, therefore, dismissed. The Investigating Agency is directed to complete the investigation as expeditiously as possible, so that, in case, it leads to charge, the learned Magistrate would dispose of the C.C. also expeditiously, keeping in view, that interim custody is not granted.

5. Miscellaneous Petitions, if any, pending in this Criminal Revision Case shall stand closed.

___________________________ A. SHANKAR NARAYANA, J December 07, 2017.