Patibandla Raja Rao vs State Of Andhra Pradesh
2022 Latest Caselaw 660 AP

               THE HONOURABLE SRI JUSTICE D.RAMESH

                CRIMINAL REVISION CASE No.74 of 2022

ORDER:-

      This Criminal Revision Case is filed under Sections 397 and

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

aggrieved      by   the   order    dated    11.11.2021    passed       in

Crl.M.P.No.583/2021 in Crime No.664/2021 of Pedakakani Police

Station on the file of the VI Additional Junior Civil Judge, Guntur.

2.    The case of the petitioner is that the respondent police had

seized the auto rickshaw bearing no.AP 39 TG 2576 in

Cr.No.664/2021 of Pedakakani police station for the offence under

section 302, 326(A) IPC, belonging to the petitioner. The said

application was rejected/dismissed by the Court below on the

ground that the vehicle was seized involving in a grave offence and

the said vehicle was used for commission of the alleged offence. If

the said vehicle is released for interim custody, the prosecution

agency would loose the right in proving the case on facts.

3. On perusal of the said observation, this Court is not able to

understand if the vehicle is released on interim custody, in what

way this would effect in establishing the crime. In fact, as observed

by the Apex Court in various judgments, if the vehicles are seized

and placed in open place it would get damaged and no purpose

would serve.

4. Learned Assistant Public Prosecutor appearing on behalf of

the respondent-State opposed the same.

5. Considering the submissions, the order of the Court below

dated 11.11.2021 in Crl.M.P.No.583/2021 in Cr.No.664/2021 of

Pedakakani police station on the file of the VI Additional Junior Civil

Judge, Guntur is set aside by taking the above observations of the

Hon'ble Apex Court into consideration, and the subject vehicle shall

be released on furnishing collateral security to the value of the

vehicle (as assessed by the concerned Motor Vehicle Inspector) to

the satisfaction of the learned VI Additional Junior Civil Judge,

Guntur. The petitioner is directed not to alter or alienate the vehicle

and also directed to produce the vehicle before the concerned as and

when directed.

6. Accordingly, the criminal revision case is allowed.

As a sequel, all the pending miscellaneous applications are

closed.

______________________ JUSTICE D.RAMESH

Date :07.02.2022 RD

THE HONOURABLE SRI JUSTICE D.RAMESH

CRIMINAL REVISION CASE No.74 of 2022

07.02.2022

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B/o RD