Telangana High Court
Sri.Dharavath Buchal Naik vs The State Of Telangana on 6 October, 2023
Bench: G.Anupama Chakravarthy
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9828 of 2023
O R D E R:
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')
by the petitioner to set aside the order dated 19.09.2023 in
Crl.M.P.No.489 of 2023 in Crime No.106 of 2023 (now
C.C.No.644 of 2023) of P.S.Bommalaramaram, passed by
the Principal Junior Civil Judge-cum-Judicial Magistrate of
First Class at Bhongir.
2. Heard learned counsel for the petitioner and Sri
S.Ganesh, learned Assistant Public Prosecutor for
respondent No.1-State. Perused the record.
3. It is the specific contention of the learned counsel for
the petitioner that the petitioner is owner of the property
i.e. currency of Rs.60,50,000/-, which was alleged to have
been seized from the accused and a case in Crime No.106
of 2023 was registered against them for the offence under
Section 380 and 411 of IPC, on the file of
Bommalaramaram police station. It is further alleged that
initially a complaint was filed by the daughter of the
petitioner as the petitioner was not well.
4. Admittedly, accused No.1 who is brother's son of the
petitioner was alleged to have committed theft in the house
of the petitioner on the date of incident. During the course
of investigation, the police have recovered the said amount
of Rs.60,50,000/- from the accused. In order to receive the
property, the petitioner has filed Crl.M.P.No.489 of 2023 in
Crime No.106 of 2023 under Section 451 of Cr.P.C before
the Principal Junior Civil Judge-cum-Judicial Magistrate of
First Class at Bhongir.
5. It is the specific contention of the learned counsel for
the petitioner that the trial Court has not considered the
judgment of the Apex Court in case of Sunderbhai
Ambalal Desai vs. State of Gujarat 1. He further
contended that the cash property is huge amount,
however, the trial Court has concluded that the cash
property is a huge amount and the petitioner failed to
establish his right over such huge cash. Therefore, it is
prayed to set aside the order of the trial Court and direct
(2002) 10 SCC 283
the trial Court to pass appropriate orders as the petitioner
intends to file relevant documents. In order to support his
contention, learned counsel for the petitioner has relied on
two sale deeds dated 24.04.2023, which clearly disclose
that the petitioner has sold his land for consideration of
Rs.44,79,375/- on the said date and later, he performed
the marriage of his daughter and kept balance amount in
his house.
6. Admittedly, the sale deeds were not produced by the
petitioner before the trial Court. Therefore, the trial Court
did not consider the said fact.
7. In view of the above, the order dated 19.09.2023 in
Crl.M.P.No.489 of 2023 in Crime No.106 of 2023 (now
C.C.No.644 of 2023) of P.S.Bommalaramaram, passed by
the Principal Junior Civil Judge-cum-Judicial Magistrate of
First Class at Bhongir, is set aside. The petitioenr is
directed to file a fresh petition before the trial Court along
with documents relied upon by him, which shall be
considered by the trial Court before passing any orders.
With the said observations, the Criminal Petition is
disposed of.
Miscellaneous applications pending, if any, shall
stand closed.
__________________________________
G.ANUPAMA CHAKRAVARTHY, J
Date: 06.10.2023
gvl
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9828 OF 2023
Date: 06-10-2023
GVL
