Allowed

Kandula Suresh, v. State of Andhra Pradesh

Andhra Pradesh HC29 Nov 2021CRLRC/239/2021

Case brief

AI extract

What is this about?

This criminal revision allowed to set aside an order dismissing an application for interim custody of seized gold ring and cash. The High Court directed the lower court to release the property to the petitioner upon furnishing security and forbade alienation until case closure.

What did the court decide?

Order dated 01.02.2021 set aside; petition for interim custody of subject property allowed pending on furnishing security.

Kandula Suresh, Vs State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2021)

¶1

THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL REVISION CASE No.239 of 2021

¶2

ORDER:

¶3

This Revision is filed under Section 451 & 457 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) seeking to set aside the order dated 01.02.2021 passed in Crl.M.P.No.17/2021 in Cr.No.903/2020 on the file of the Additional Junior Civil Judge, Mangalagiri and to release the immovable property to the petitioner for interim custody.

¶4

The petitioner is the defacto complainant. Aggrieved by the orders dated 01.02.2021 passed in Crl.M.P.No.17/2021 in Cr.No.903/2020 on the file of the Additional Junior Civil Judge, Mangalagiri, this revision is filed. The defacto complainant has filed Crl.M.P.No.17/2021 under section 451 and 457 Cr.P.C seeking for interim custody of the petition schedule property i.e. Lord Venkateswaraswamy gold ring, cash of Rs.5,000/- total worth of Rs.20,000/-.

¶5

Brief facts of the case are, on 08.12.2020 at Donka road, Vaddeswaram village, Tadepalli Mandal, Guntur District, the petitioner’s property was involved in u/Sec.395, 397, 427 r/w 34 IPC and the same was registered by Tadepalli police station in Cr.No.903/2020. During the course of investigation, the respondent/police arrested the accused and seized the property from the possession of the accused and the same was intimated by the police to the petitioner and he identified the property. On perusal of the remand report, it shows that the police officials have seized the schedule property and the same was intimated the Court below vide arrest mahazar dated 10.12.2020. But the said

¶6

¶7

property was not produced before the Court below so far. As per the records, the property is nothing but Lord Venkateswaraswamy gold ring and cash of Rs.5,000/-. Even according to the complaint, description of gold ring is same as recovered by the police officials, from the accused. On perusal of the order of the court below, surprisingly, the Court has dismissed the application filed by the petitioner, on the ground that even if the property is kept in the custody of the Court, the same will not get damaged.

¶8

On perusal of the entire record, this Court is of the opinion that when there are no disputes with regard to the property and the description of the property is also one and the same as per the complaint and there is no meaning in keeping the property in the Court custody. With the reasons mentioned in the order by the Court below, this Court is not satisfied. 5. Considering the same, the order dated 01.02.2021 passed in Crl.M.P.No.17/2021 in Cr.No.903/2020 on the file of the Additional Junior Civil Judge, Mangalagiri-cum-Additional Judicial First Class Magistrate, Mangalgiri is set aside and this criminal revision is allowed directing the Court below to release the subject property to the petitioner for interim custody, on his furnishing security for the value of the property, and the petitioner is directed not to alienate the same till the closure of the case.

¶9

As a sequel, the miscellaneous applications pending, if any, shall stand closed.

¶10

_____________________ JUSTICE D.RAMESH

¶11

Date: 29.11.2021 RD

¶12

¶13

THE HONOURABLE SRI JUSTICE D.RAMESH

¶14

CRIMINAL REVISION CASE No.239 of 2021

¶15

Date: 29.11.2021

¶16

Kandula Suresh, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kandula Suresh, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dora Krishna Vs the State of Andhra Pradesh

Ranjit Bagh Vs the State of Andhra Pradesh

Devagalla Satyanarayana Vs the State of A.P.

Deva Sharan Roja Vs State of Ap.

Kapu Narasimha at Narsinga RaoAT Narsing, Vs The State of A.P

Kolakani Kameswara Rao Vs the State of Andhra Pradesh