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CMR, J.
Crl.R.C.No.263 of 2022 HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Revision Case No.263 of 2022 Judgment:
This criminal revision case is directed against the order dated 28-03-2022 passed in Crl.M.P. No.110 of 2022 on the file of the Special Judicial Magistrate of First Class (Mobile) cum III Additional Junior Civil Judge, Eluru, West Godavari District, whereby the petition filed under Section 457 of Cr.P.C seeking interim custody of the vehicle was dismissed.
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent/ State.
3. Respondents 2, 3 and 5 herein are the other co-accused in crime No.119 of 2022 of Peddapadu Police Station, West Godavari District. Therefore, they are not necessary parties and no notice is required to be given to them in this criminal revision case.
4. The petitioner is accused No.3 in the above crime. A case under Sections 269, 270, 271, 273 and 278 read with Section 34 of IPC was registered against him on the ground that the petitioner has been carrying chicken waste in the said vehicle. The Investigating Officer has seized the vehicle i.e. Tata motors goods carriage vehicle bearing registration No.AP39TY- 8686 in connection with the above crime in which the said chicken waste is being transported.
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CMR, J.
Crl.R.C.No.263 of 2022
5. Thereafter, the petitioner, who is claiming to be the owner of the said vehicle, has filed a petition seeking interim custody of the said vehicle. The said petition came to be dismissed by the impugned order on the sole ground that earlier also, the petitioner is involved in similar crime and as such he is not entitled for interim custody of the said vehicle.
6. Learned counsel for the petitioner would submit that mere carrying chicken waste in the said vehicle by itself does not amount to commission of any offence. Therefore, he would submit that the very registration of the FIR against the petitioner is unsustainable under law. He would further submit that if the vehicle is left unused in the premises of the Court or the police station that it would be damaged and thereby prayed for grant of interim custody of the said vehicle to the petitioner.
7. Considering the aforesaid submission of the learned counsel for the petitioner and the facts and circumstances of the case, the criminal revision case is allowed and the impugned order passed by the trial Court is set aside. The trial Court is directed to give interim custody of the said vehicle to the petitioner on executing a self bond for Rs.50,000/- (Rupees fifty thousand only) with two sureties for a like sum each to the satisfaction of the learned Special Judicial Magistrate of First Class (Mobile) cum III Additional Junior Civil Judge, Eluru. The petitioner shall not alienate or transfer the ownership of the said vehicle and he shall give an undertaking before the trial Court by way of an Affidavit that he will produce the said 3 CMR, J.
Crl.R.C.No.263 of 2022 vehicle as and when directed in the trial Court till the trial of the case is completed. Pending applications, if any, shall stand closed.
_________________________________________ CHEEKATI MANAVENDRANATH ROY, J.
Date:18-04-2022.
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