THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.9607 of 2018
ORDER:
This writ petition is filed to declare the action of the respondents No.2 to 4 in not taking back the original registered GPA dated 17.04.1993 bearing document No.2617 of 1993 from the XVII Additional Chief Metropolitan Magistrate, Hyderabad, for returning to the petitioner society as being illegal, arbitrary and unconstitutional.
2. The case of the petitioner society is that one D. Venkataiah, an employee of the then APSRTC, has availed loan to a tune of Rs.1,53,000/- in the month of January 1999 and offered his original title deeds and a registered GPA bearing document No.2617 of 1993 dated 17.04.1993 entered into between one K. Kameshwari and K. Suryanarayana Miya towards collateral security to them. The executant of the above document lodged a complaint before the Begum Bazar Police Station against K. Suryanarayana Miya, Boda Ashok and D. Venkataiah alleging that K. Suryanarayana Miya had created forged GPA and in connivance with the other accused, created further registered documents. A case in FIR.No.44 of 2010 was registered on 26.02.2010 for the offences under Sections 420, 423, 464, 468, 471 and 120-B read with Section 34 of the Indian Penal Code, 1860. After investigation, the police filed charge sheet 2 in CC.No.501 of 2012 on the file of the XVII Additional Chief Metropolitan Magistrate, Hyderabad, the accused were tried and the said case ended in acquittal vide judgment dated 18.06.2015.
3. It is stated that during the course of investigation, the Station House Officer, Begum Bazar Police Station, came to the petitioner society and seized the original registered GPA dated 17.04.1993 from the custody of the petitioner society and filed in CC.No.501 of 2012. The Accused No.3 in the above case i.e. D. Venkataiah, who availed the loan from the petitioner society, has repaid the entire loan amount and demanded the petitioner society to return the original documents pledged to the society. However, as the documents were in the custody of police and later deposited in CC.No.501 of 2012, the petitioner society was not unable to return the original documents of the loanee viz. D. Venkataiah. It is further stated that due pressure exerted by D. Venkataiah, the petitioner society made several representations to the respondent No.4 to take steps to return the original GPA to the petitioner society. As there was no response, the instant writ petition is filed.
4. In the written instructions, received by the learned Assistant Government Pleader for Home, it is submitted that the document dated 17.04.1993 was deposited in CC.No.501 of 2012 pending 3 before the XVII Additional Chief Metropolitan Magistrate, Hyderabad and the document was marked as Ex.P2 during the course of trial. It is further submitted that it is always open to the petitioner society to make a requisition before the trial Court for release of the document by filing an application under Section 451 of the Criminal Procedure Code.
5. It is not in dispute that the investigation officer has seized the subject document during the course of investigation in Cr.No.44 of 2010. Later, charge sheet was filed in CC.No.501 of 2012 before the XVII Additional Chief Metropolitan Magistrate, Hyderabad and the document, which was seized, was marked as Ex.P2 in the evidence. As the petitioner society claims to be the custodian of the document, from whom the investigation officer has seized the document, the petitioner society or the owner of the document/loanee should have approached the Court under Section 451 Cr.P.C. for release of the document. However, as CC.No.501 of 2012 was disposed of by judgment dated 18.06.2015, the petitioner society is given liberty to file an application under Section 451 Cr.P.C. before the XVII Additional Chief Metropolitan Magistrate, Hyderabad, for release of the document bearing No.2617 of 1993. On such application, being filed, the XVII Additional Chief Metropolitan Magistrate, Hyderabad, shall pass orders within a period of two (2) weeks thereafter.
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The writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
____________________ B. VIJAYSEN REDDY, J November 23, 2022 DSK