THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL REVISION CASE No.74 of 2022
ORDER:-
This Criminal Revision Case is filed under Sections 397 and
401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')
aggrieved by the order dated 11.11.2021 passed in
Crl.M.P.No.583/2021 in Crime No.664/2021 of Pedakakani Police
Station on the file of the VI Additional Junior Civil Judge, Guntur.
2. The case of the petitioner is that the respondent police had
seized the auto rickshaw bearing no.AP 39 TG 2576 in Cr.No.664/2021 of Pedakakani police station for the offence under section 302, 326(A) IPC, belonging to the petitioner. The said application was rejected/dismissed by the Court below on the ground that the vehicle was seized involving in a grave offence and the said vehicle was used for commission of the alleged offence. If the said vehicle is released for interim custody, the prosecution agency would loose the right in proving the case on facts.
3. On perusal of the said observation, this Court is not able to understand if the vehicle is released on interim custody, in what way this would effect in establishing the crime. In fact, as observed by the Apex Court in various judgments, if the vehicles are seized and placed in open place it would get damaged and no purpose would serve.
4. Learned Assistant Public Prosecutor appearing on behalf of the respondent-State opposed the same.
5. Considering the submissions, the order of the Court below dated 11.11.2021 in Crl.M.P.No.583/2021 in Cr.No.664/2021 of Pedakakani police station on the file of the VI Additional Junior Civil 2 Judge, Guntur is set aside by taking the above observations of the Hon'ble Apex Court into consideration, and the subject vehicle shall be released on furnishing collateral security to the value of the vehicle (as assessed by the concerned Motor Vehicle Inspector) to the satisfaction of the learned VI Additional Junior Civil Judge, Guntur. The petitioner is directed not to alter or alienate the vehicle and also directed to produce the vehicle before the concerned as and when directed.
6. Accordingly, the criminal revision case is allowed.
As a sequel, all the pending miscellaneous applications are closed.
______________________ JUSTICE D.RAMESH Date :07.02.2022 RD 3 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL REVISION CASE No.74 of 2022 07.02.2022 Note:
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