Ponna Leeladhara Vasu vs The State Of Andhra Pradesh
2022 Latest Caselaw 9741 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                   CRIMINAL PETITION No.10096 of 2022

ORDER:

The petitioner is the owner of Car bearing No. AP 31

BR 7479 which was seized in Crime No.164 of 2022 registered in

Maharanipeta Police Station, Visakhapatnam District for an

offence under Section 307 of Indian Penal Code.

2. The petitioner had sought an interim custody of the

vehicle pending investigation and pending trial, if any, by

moving an application under Sections 451 & 457 of Cr.P.C

before the II Additional Chief Metropolitan Magistrate,

Visakhapatnam District. This petition was initially given the

number D.D.R.No.8361 of 2022 and the same was returned by

the Magistrate on the ground that the offence involved in the

case is Section 307 of Indian Penal Code which has to be tried

before the Sessions Court and as such the Magistrate would not

have jurisdiction to exercise his discretion under Section 451 &

457 of Cr.P.C.

3. Aggrieved by the said proceedings, the petitioner has

approached this Court by way of the present Criminal Petition.

4. Sri Siva Sai Swarup, learned counsel for the

petitioner would rely upon the Judgment of the High Court of

Madras dated 03.02.2007 in Crl.R.C.(MO) No.834 of 2006 in the

case of Arun Vs. State. The Learned Single Judge after

considering the earlier Judgment of the erstwhile High Court of

Andhra Pradesh and after considering the provisions of law had

held that a Magistrate, prior to committal, would have

jurisdiction, even in cases which are triable by a Court of

Session, to exercise the discretion under Sections 451 & 457 of

Cr.P.C for release of the vehicle and other material objects into

the interim custody of the applicant asking for such an interim

custody.

5. I am in respectfully agreement with the said

Judgement.

6. Accordingly, this Criminal Petition is disposed of

with a direction to the Magistrate to number the application of

the petitioner and to decide the said application on merits. There

shall be no order as to costs.

Miscellaneous petitions, pending if any, in this

Criminal Petition shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J

19.12.2022 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.10096 of 2022

19.12.2022

BSM