K R Kumar Reddy vs State Of Ap
2021 Latest Caselaw 2746 AP

    THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                          Criminal Petition No.1745 of 2021

ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed

questioning the order, dated 03.03.2021, passed in Crl.M.P.No.69

of 2021 on the file of the Judicial Magistrate of First Class,

Vayalpad, dismissing the petition filed under Section 451 Cr.P.C.

relating to interim custody of the vehicle that was seized in Crime

No.15 of 2021 of Kalikiri Police Station.

2) Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the 1st respondent State.

3) This Criminal Petition can be disposed of on the ground of

its maintainability.

4) It is well settled law that an order passed under Section 451

Cr.P.C relating to interim custody of the vehicle is amenable for

revisional jurisdiction under Section 397(1) Cr.P.C. It is not an

interlocutory order to attract the bar under Section 397(2) Cr.P.C.

This Court in Criminal Petition No.3610 of 2021, dated

06.07.2021, clearly held while relying on the earlier judgment of

this Court in the case of Bharat Heavy Electricals Ltd. v. State1

that revision under Section 397(1) Cr.P.C lies against the order

passed under Section 451 Cr.P.C. Relying on the said judgment

of this Court in Bharat Heavy Electricals Ltd1, the Madras High

Court in S.V.Chandran v. State2 also clearly held that revision

1981 CriLJ 1529

Order dated 17.12.2018 in Crl.R.C.No.1217 of 2018 of Madras High Court. against the order passed under Section 451 Cr.P.C is

maintainable under Section 397 Cr.P.C. Therefore, when specific

remedy is available under Section 397(1) Cr.P.C to challenge the

impugned order by an aggrieved party, the petitioner cannot

invoke the inherent powers of this Court under Section 482

Cr.P.C.

5) Therefore, this Criminal Petition is dismissed as not

maintainable. However, the petitioner is at liberty to file revision

under Section 397(1) Cr.P.C against the impugned order, dated

03.03.2021, passed in Crl.M.P.No.69 of 2021 on the file of the

learned Judicial Magistrate of First Class, Vayalpad.

Consequently, miscellaneous applications, pending if any,

shall also stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 30.07.2021.

Note:

Registry is directed to return the certified copy of the impugned order to the petitioner, so as to enable him to prefer revision.

B/O cs