Andhra Pradesh High Court - Amravati
Eragamreddy Ngendrareddy vs The State Of Andhra Pradesh, on 27 December, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.7458 OF 2021
ORDER:-
This criminal petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short "Cr.P.C."), is filed
questioning the legality and validity of the impugned
endorsements of the trial Court in returning the petition filed
under Section 451 r/w 457 Cr.P.C. claiming interim custody of
the vehicle that was seized in Crime No.214 of 2021 of RIMS
U/G Police Station, YSR Kadapa District.
2. Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the State.
3. A case in Crime No.214 of 2021 of RIMS U/G Police
Station, YSR Kadapa District was registered for the offence
punishable under Section 304A of the Indian Penal Code, 1860
(for short "I.P.C."). The investigation in the said case is pending.
The petitioner, who is accused in the said case and who is
claiming to be the owner of the vehicle, has filed a petition
under Section 451 r/w 457 Cr.P.C. claiming for interim custody
of the vehicle that was seized by the police in the above crime.
The said petition was returned on 23.10.2021 by the trial Court
with the following impugned endorsement:-
"How the petition is maintainable in this Court for release
of vehicle seized by the police under Section 304A of I.P.C.
Shall be explained".
4. The petitioner has answered the said objection stating that
in view of the Judgment of Honourable Supreme Court reported
in AIR 2003 SC 638 that the petition is maintainable to claim
for interim custody of the said vehicle. Thus, the objection has
been complied with and the petition was represented before the
trial Court. However, the trial Court again by the impugned
endorsement dated 03.11.2021 returned the said petition with
the following endorsement:-
"Previous objection properly not complied. Hence
returned."
5. The said endorsement returning the said petition is ex
facie illegal on the face of it. When admittedly the vehicle
involved in the said crime registered for the offence punishable
under Section 304A of I.P.C. was seized by the police, the
person who is claiming to be owner of the said vehicle can claim
for interim custody of the vehicle by filing a petition under
Section 451 of Cr.P.C. if the vehicle is produced before the
Court. If the vehicle is not produced before the Court and the
same is with the police, by filing a petition under Section 457 of
Cr.P.C. interim custody of the vehicle can be claimed. The law
is well settled in this regard. Oblivious of the said basic tenets
of law, the trial Court has erroneously returned the said petition
by the impugned endorsements. Therefore, the said
endorsements returning the said application is erroneous and
clearly unsustainable under law.
6. Therefore, this Criminal Petition is allowed. The trial
Court is directed to forthwith register the petition and number
the same and hear the petitioner and the learned Assistant
Public Prosecutor and dispose of the said criminal petition
according to law within seven days from the date of registration
of the said petition.
Miscellaneous Petitions, if any pending, in this Criminal
Petition, shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 27-12-2021
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.7458 OF 2021
Date : 27-12-2021
ARR
