Konduru Venkata Krishna Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 779 AP

     THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI

           CRIMINAL REVISION CASE No.93 OF 2021

ORDER:-

      This Criminal Revision Case is filed under Sections 397 and

401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')

assailing the order dated 08.10.2020 passed in Crl.M.P.No.2052 of

2020 by learned I Additional Judicial Magistrate of First Class,

Markapur, wherein the petition filed under Section 457 of Cr.P.C.

seeking delivery of tractor bearing No.AP 27 UW TR 2842 with

Chasis No.MBNSFAJYBGZH00225, Engine No.ZGH5FCF3618 and

Trailer No.AP 27 AK 3412 with Chasis No.5452010, was dismissed.



2.    The case of the petitioner is that pursuant to the registration

of crime No.136 of 2020 for the offences under Section 379 of the

Indian Penal Code, 1860, Section 21(2) of the Mines and Minerals

(Development and Regulation) Act, 1957 & Section 3 of Prevention

of Damage to Public Property Act, 1984, seizure of subject vehicles

on the allegations of illegal transportation of sand, non-production

of necessary documents and bills pertaining to the vehicles, the

petitioner has approached the Court below by filing an application

seeking interim custody of the said vehicles which was dismissed

by observing that only temporary registration number is mentioned

in the documents produced before the Court below, the validity of

which is from 25.05.2017 to 23.06.2017 and further observed that

though the petitioner is bound to obtain permanent registration by

23.06.2017, he has not done the same so far. The Court below held

that no conclusion can be arrived with regard to the petitioner's

ownership in respect of the subject vehicles basing on the sale

certificate and invoice as the registration number mentioned
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therein does not find place in special report basing on which the

present crime is registered and further held that the insurance

cover note has expired long back. Aggrieved by the same, the

petitioner is before this Court.

3.    Heard Sri D.Kasim Saheb, learned counsel for the petitioner

and learned Public Prosecutor for the State.

4.    Learned    counsel    for    the      petitioner   submits      that   the

petitioner is eking out his livelihood with the subject vehicles and if

they are kept idle for long period they will get damaged and he will

be put to great hardship and irreparable loss. Learned counsel

further submits that the petitioner has some more documents to

prove his ownership over the subject vehicles which he could not

file along with the petition.

5.    A perusal of the record available reveals that along with the

said petition the petitioner has filed only three documents which

were taken into consideration by the Court below before passing a

reasoned    order.    However,         taking    into    consideration       the

submissions made by the learned counsel this Court deems it

appropriate to remand the matter to the Court below for

adjudication.

6.    Accordingly the matter is remanded to the Court below by

setting aside the impugned order dated 08.10.2020 passed in

Crl.M.P.No.2052      of   2020    by       learned   I   Additional    Judicial

Magistrate of First Class, Markapur by directing the Court below to

give an opportunity to the petitioner to file all the documents with

regard to his ownership over the subject vehicles and the Court

below, after considering the same shall pass appropriate orders

within a period of four weeks from the date of filing of the petition.
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7.    With the above directions, this Criminal Revision Case is

disposed of.

      As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

                             ____________________________________
                             JUSTICE LALITHA KANNEGANTI

Date :11.02.2021
Note :Furnish copy by 12.02.2021
      B/o
      IKN
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      THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI




          CRIMINAL REVISION CASE No.93 of 2021

                    Date : 11.02.2021

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Admit.
Learned Public Prosecutor takes notice on behalf of respondent

No.1-state.

Issue notice to respondent No.2.

Learned counsel for the petitioner is permitted to take out personal notice on respondent No.2 through registered post with acknowledgement due and file proof of service. Post after four weeks.

I.A.No.1 of 2021 Heard.

There shall be interim stay of all further proceedings pursuant to the judgment dated 29.12.2020 passed in Criminal Appeal No.10 of 2019 by X Additional District and Sessions Judge, Visakhapatnam at Anakapalle modifying the order dated 21.01.2019 passed in D.V.C.No.1 of 2016 by XI Additional Metropolitan Magistrate, Anakapalle on the condition of the petitioner depositing an amount of Rs.4,65,000/- (Rupees four lakhs sixty five thousand only) in three equal instalments (i.e. Rs.1,55,000/- x 3 = Rs.4,65,000/-) within eight weeks from the date of receipt of a copy of this order and shall continue to pay an amount Rs.3,500/- (Rupees three thousand five hundred only) per month on or before 5th of every succeeding month.