Cherukuri Venkata Ramana, vs State Of A.P
2021 Latest Caselaw 3828 AP

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.5419 of 2021

ORDER:-

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for short "Cr.P.C.") is filed against the

order passed under Section 457 of Cr.P.C. by the trial Court

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

No.197 of 2021 by Thondangi Police Station, East Godavari

District.

2. Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

3. The petition filed by the petitioner under Section 457 of

Cr.P.C. claiming interim custody of the vehicle that was seized in

the above crime, came to be dismissed by the impugned order.

Therefore, aggrieved by the said order, the petitioner is before this

Court under Section 482 of Cr.P.C. This criminal petition can be

disposed of on the ground of its maintainability.

4. Now, it is well settled law that an order passed under Section

451 of Cr.P.C. or 457 of Cr.P.C. as the case may be relating to

interim custody of the vehicle is amenable to 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 long back

in the case of Bharat Heavy Electricals Limited v. State1 held

that the 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, the Madras High Court in S.V.Chandran

1981 CriLJ 1529

v. State2 held that revision against the order passed under Section

451 of Cr.P.C. is maintainable under Section 397 Cr.P.C.

5. Considering the aforesaid judgments, recently this Court in

Criminal Petition No.1745 of 2021 held that when a specific

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

impugned order by an aggrieved party, the said party cannot

invoke the inherent powers of this Court under Section 482 Cr.P.C.

6. Therefore, in view of the above law, this Criminal Petition is

dismissed as not maintainable.

However, the petitioner is at liberty to file revision against

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

Miscellaneous petitions, if any pending, in the Criminal

Petition, shall stand closed.

____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 29-09-2021 ARR

Order dated 17.12.2018 in Crl.R.C.No.1217 of 2018 of Madras High Court

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

CRIMINAL PETITION No.5419 of 2021

Date: 29-09-2021

ARR