Citation : 2021 Latest Caselaw 5039 AP
Judgement Date : 7 December, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.6926 OF 2021
ORDER:-
This criminal petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C."), is filed seeking
return of the vehicle i.e. Ashok Leyland Dost Truck Jeep bearing
Registration No.AP 27 UA 1234 that was seized in connection
with Crime No.399 of 2021 of Agiripalli Police Station, Krishna
District.
2. Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the State.
3. The petitioner is not the accused in the above crime. He is
the third party to the said crime. It is his case that the accused
has only hired his vehicle for transportation of jaggery that is
involved in the above crime. Therefore, while relying on the
Judgments of this Court passed in Criminal Petition Nos.202 of
2014 and 1047 of 2013, whereby this Court has ordered for
release of the vehicle in cases, he would pray to order for return
of the vehicle to him towards interim custody.
4. Therefore, in view of the aforesaid earlier orders of this
Court and for the reasons stated therein, this Criminal Petition
is allowed. The Station House Officer of Agiripalli Police Station,
Krishna District, is directed to return the said vehicle i.e. Ashok
Leyland Dost Truck Jeep bearing Registration No.AP 27 UA
1234 towards interim custody to the petitioner on execution of
self bond for a sum of Rs.2,00,000/- (Rupees two lakhs only)
with two sureties for a like sum each to the satisfaction of the
aforesaid Station House Officer. On such release, the petitioner
shall not make any alienation of the vehicle and he shall not
change the physical features or create any encumbrances over
the said vehicle. He shall also give undertaking before the
concerned Station House Officer that he would produce the
vehicle as and when directed by the Court or the concerned
Officer.
Miscellaneous Petitions, if any pending, in this Criminal
Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 07-12-2021 ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.6926 OF 2021
Date : 07-12-2021
ARR
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