Miriyala Narasimha Rao vs The State Of Telangana
2025 Latest Caselaw 1944 Tel

Telangana High Court

Miriyala Narasimha Rao vs The State Of Telangana on 10 February, 2025

       THE HONOURABLE SMT. JUSTICE K. SUJANA


             CRIMINAL APPEAL No.125 of 2025


JUDGMENT:

Aggrieved by the judgment dated 02.02.2015 passed in

C.C.No.310 of 2010 by the learned Judicial Magistrate of First

Class, Special Mobile Court, Khammam District, the present

Criminal Appeal is filed.

2. Heard Sri C. Vivekanand, learned counsel appearing on

behalf of the appellant as well as Sri Syed Yasar Mamoon,

learned Additional Public Prosecutor appearing on behalf of

the respondents.

3. Learned counsel for the appellant submitted that the

judgment of the trial Court is contrary to law, evidence, and

probabilities. He further submitted that the appellant is a rice

businessman was falsely accused in Crime No.4 of 2010,

along with two others. Despite being acquitted of offences

under Sections 406, 420, and 34 IPC, and Section 7 of the

Essential Commodities Act, the Magistrate confiscated

Rs.55,800/- seized from the appellant, which was not case

property. The appellant had filed an application to release the

amount but was rejected. The appellant seeks relief, arguing

the Magistrate erred in confiscating the amount, and the High

Court is the competent authority to address this issue.

Therefore, he prayed the Court to pass appropriate orders.

4. On the other hand, learned Additional Public Prosecutor

countered that since the case ended in acquittal, confiscating

the seized amount from the appellant is unwarranted.

5. Pursuant to the submissions made by both the learned

counsel and a review of the material available on record, the

order of the trial Court confiscating MO1 to the State is set

aside, as there is no finding to support such confiscation.

Instead, the trial court is directed to return the property to its

rightful owner, obtaining proper acknowledgment.

6. In view of the above direction, this Criminal Appeal is

disposed of.

Miscellaneous applications, if any pending, shall stand

closed.

_______________ K. SUJANA, J Date: 10.02.2025 Note: Issue C.C. by 12.02.2025 B/o SAI