Disposed

Paidi Rakesh Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC17 Jun 2022CRLP/4114/2022

Case brief

AI extract

What is this about?

The High Court disposed of a Criminal Petition under Section 482 Cr.P.C., directing the Judicial Magistrate to immediately register and dispose of a delayed petition filed by an accused for interim custody of a seized mobile phone within one week.

What did the court decide?

Direction to the learned Judicial Magistrate of First Class, Nandyal, to register the petition and dispose of it within one week of receipt of this Order.

Paidi Rakesh Reddy Vs the State of Andhra… — Criminal Trial and Appeal | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Criminal Petition No.4114 of 2022

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ORDER:

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This Criminal Petition under Section 482 Cr.P.C. is filed seeking direction to the Judicial Magistrate of First Class, Nandyal, Kurnool District, to dispose of the petition filed in C.F.R.No.4765 of 2021, dated 07.12.2021, in Crime No.213 of 2021 of Mahanandi Police Station, Kurnool District, which is filed for return of the mobile phone that was seized in connection with the above crime.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent State.

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The petitioner is A-4 in Crime No.213 of 2021 of Mahanandi Police Station, Kurnool District. A case under Sections 447, 427, 379 r/w.34 of IPC; Sections 20(1)(d)(i) r/w.20(1)(c)(ii)(iii)(iv)(ix) and (x) of A.P. Forest (Amendment) Act, 2016 and Sections 36 r/w.32(A) of A.P. Forest Amendment Act, 2016 and Section 3 of Prevention of Damage to Public Property Act, 1985 and Rules 3 and 4 of the A.P. Sandalwood and Red Sandal Wood Transit Rules, 1969 and Section 51 of the Wild Life Protection Act, 1972, was registered against him along with other accused in the above crime. It appears that a mobile phone was seized from the possession of the petitioner in connection with the above crime by the Investigating Officer during the course of investigation. It is stated that the petitioner, who is claiming to be the owner of the said mobile phone, filed a petition before the trial Court seeking interim custody of the said mobile phone.

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CMR, J. Crl.P.No.4114 of 2022

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Now the grievance of the petitioner is that the trial Court did not number the said petition till today, which was filed long back in the month of December, 2021 i.e. on 07.12.2021 and the same is not being disposed of till today. Therefore, the petitioner sought a direction to the learned Magistrate to dispose of the said petition.

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When the petition was filed long back in the month of December, 2021, it is really beyond the comprehension of this Court as to why the same is not registered till today and as to why the same is not disposed of till today. There is absolutely no justification on the part of the trial Court in keeping the said petition filed by the petitioner in cold storage without disposing of it. Thus, there are clear laches on the part of the concerned Magistrate in considering and disposing of the said petition.

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Therefore, the Criminal Petition is disposed of with a direction to the learned Judicial Magistrate of First Class, Nandyal, Kurnool District, to immediately register the said petition if it is otherwise in order and hear both the parties and dispose of the same according to law within one week from the date of receipt of a copy of this Order or from the date on which a copy of this Order is produced before the said Court.

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Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.

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________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date:17-06-2022. Note: Issue C.C. by tomorrow. B/O cs

Paidi Rakesh Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

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Paidi Rakesh Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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