Smt.Kunja Vijaya Kumar vs The State Of Andhra Pradesh ...
2022 Latest Caselaw 1933 AP

 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

             Criminal Revision Case No.251 of 2022

Judgment:

     This criminal revision case is directed against the order

dated 18-02-2022 passed in Crl.M.P. No.32 of 2022 on the file of

the Judicial Magistrate of First Class, Rampachodavaram, East

Godavari District, whereby the petition filed seeking interim

custody of the vehicle i.e. Swift Dzire Car bearing No.TS07FW-

3559 was dismissed.

     2. Heard learned counsel for the petitioner and the learned

Additional Public Prosecutor appearing for the respondent/State.

     3. Facts of the case lie in a narrow compass and may be

stated as follows:

     (a) A case in Crime No.146/2021 was registered by Yetapaka

Police for the offence of murder punishable under Sections 302

and 201 read with Section 34 of IPC.

     (b) During the course of investigation, Police seized one car

bearing No.TS07FW-3559 on the ground that after commission of

the murder of the deceased that the accused in the said crime

have shifted the dead body of the deceased in the said car to

screen the evidence which is punishable under Section 201 of IPC.

     (c) The petitioner, who is not an accused in the said crime

and who is claiming to be the owner of the said vehicle, has filed

a petition before the trial Court seeking interim custody of the said

vehicle. The said petition came to be dismissed by the impugned

order on the ground that the investigation in this case is still
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pending and as the offences are triable exclusively by a Court of

Session that interim custody of the said vehicle cannot be given at

that stage.

     4. As per the submission made by the learned Additional

Public Prosecutor, the entire investigation in this case is now

completed. It is not disputed before this Court that the petitioner

is the owner of the said vehicle. The petitioner is not the accused

in the above crime. As per the facts of the case, it is stated that

the driver of the said car is nephew of the petitioner herein.

As the investigation in this case is completed, this Court is of the

considered view that the petitioner being the owner of the vehicle

is entitled for interim custody of the said vehicle. If the vehicle is

allowed to lie without any usage either in the police station or in

the premises of the Court, there is every likelihood of the vehicle

being damaged causing severe monetary loss to the petitioner who

is the owner of the said vehicle. Therefore, the interim custody of

the vehicle can be given to the petitioner by imposing certain

conditions to preserve the said vehicle as it is till the disposal of

the said criminal case.

     5. Resultantly, the criminal revision case is allowed.

The impugned order is set aside.       The petition filed for interim

custody   of   the   vehicle   stands allowed.     Learned Judicial

Magistrate of First Class, Rampachodavaram, is hereby directed to

give interim custody of the said Swift Dzire Car bearing

No.TS07FW-3559 to the petitioner on her executing a self bond for

Rs.1,00,000/- (Rupees one lakh only) with two sureties for a like
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sum each to the satisfaction of the learned Judicial Magistrate of

First Class, Rampachodavaram. The Investigating Officer shall get

the vehicle videographed in its present condition from all angles

and also take steps to take the photographs of the said vehicle in

the present condition and deposit the said C.D. and the

photographs before the committal Court. The petitioner shall not

alienate the vehicle or change the ownership of the said vehicle

and the petitioner also shall not change physical features of the

said vehicle and she shall maintain the said vehicle as it is till the

case in the trial Court is disposed of.     The petitioner shall give

an undertaking by way of filing an affidavit before the trial Court

that she would produce the vehicle before the trial Court as and

when required till the disposal of the said case.            Pending

applications, if any, shall stand closed.


                         _________________________________________
                         CHEEKATI MANAVENDRANATH ROY, J.

21st April, 2022. Note:-

Issue C.C. by 25-4-2022. (B/o) Ak

HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Criminal Revision Case No.251 of 2022

21st April, 2022.

(Ak)