Sri.Mandadi Madhusudhan Reddy vs The State Of Telangana
2021 Latest Caselaw 2128 Tel

           THE HONOURABLE SRI JUSTICE K.LAKSHMAN

                 CRIMINAL PETITION No.4993 OF 2021

ORDER:

This Criminal Petition is filed by the petitioner seeking a

direction and to set aside the order dated 13.05.2021 in

Crl.M.P.No.624 of 2021 on the file of the learned Principal Judicial

Magistrate of First Class at Ramannapet, Nalgonda District.

Heard the learned counsel for the petitioner as well as the

learned Public Prosecutor.

Perused the record.

The petitioner herein/de facto complainant/owner of the

cash has filed an application under Section 457 Cr.P.C. vide

Crl.M.P.No.624 of 2021 in Crime No.37 of 2021 seeking interim

custody of the net cash recovered in the above said crime. The

learned Principal Judicial Magistrate of First Class at Ramannapet,

has dismissed the said application on the ground that the

investigation is pending and there is every likelihood of changing

its physical form as it is a common medium of exchange and is in a

circular in nature.

The learned Public Prosecutor on instructions would submit

that the Police have completed the investigation and filed charge-

sheet in Crime No.37 of 2021. The same was taken on file vide

C.C.No.381 of 2021. The Hon'ble Apex Court in SUNDERBHAI

AMBALAL DESAI V/s. STATE OF GUJARAT1 has laid down

certain guidelines for release of seized property for giving interim

custody.

Considering the above said facts, this Criminal Petition is

allowed quashing the order dated 13.05.2021 in Crl.M.P.No.624 of

. (2002) 10 SCC 283

2021 passed by the learned Principal Judicial Magistrate of First

Class at Ramannapet. Liberty is granted to the petitioner to file

fresh application under Section 451 Cr.P.C. in C.C.No.381 of 2021

and the learned Magistrate shall consider the same and pass

appropriate orders by specifically considering the guidelines issued

by the Hon'ble Apex Court in SUNDERBHAI AMBALAL DESAI

(supra) and the other judgments passed by this Court as well as

the Hon'ble Apex Court from time to time and release the cash on

imposition of certain conditions to its satisfaction.

Miscellaneous Petitions, if any, pending in this Criminal

Petition shall stand closed.

_________________ K.LAKSHMAN, J Date: 16.07.2021

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