Dismissed

Kusuma Ugavara Prasad, v. The State of Andhra Pradesh

Telangana HC11 Jul 2011CRLRC/821/2011

Case brief

AI extract

What is this about?

The High Court dismissed the criminal revision petition seeking return of seized cash. The court held that since the investigation was pending and the charge sheet was not yet filed, returning the money was not appropriate under Section 457 CrPC.

What did the court decide?

The application for return of seized cash was dismissed; no interference with the lower court order.

Kusuma Ugavara Prasad, Vs The State of Andhra Pradesh — Corruption | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY

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CRIMINAL REVISION CASE No. 821 OF 2011

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DATE: 11-07-2011

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Between:

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Kusuma Ugavara Prasad

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.. Petitioner

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And

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The State of A.P., through Spl. Public Prosecutor, CBI, High Court of A.P., Hyderabad.

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.. Respondents

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THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY

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CRIMINAL REVISION CASE No. 821 OF 2011

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ORDER:

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This Criminal Revision Case is directed against the order dated 01.03.2011 in Crl.M.P.No.94 of 2011 in R.C.22(A)/2010 on the file of the Special Judge for CBI Cases, Hyderabad, wherein the said application filed by A3, who is the petitioner herein, under Section 457 of the Criminal Procedure Code, 1973 for return of cash of Rs.1.95 lakhs seized by the CBI, was dismissed.

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Heard the learned counsel for the petitioner and the learned Special Standing Counsel for the CBI. Perused the records.

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The petitioner, who was Deputy Commissioner of Customs (Imports), ICD, Sanathnagar, Hyderabad, is an accused along with others in the case R.C.22(A)/2010 registered by CBI under Sections 120-B of the Indian Penal Code, 1860 and Section 7 of Prevention of Corruption Act, 1988. It is not disputed that when search was conducted by CBI during the course of investigation at the residence of

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petitioner, an amount of Rs.2.90 lakhs was seized.

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According to the petitioner, he was getting a salary of Rs.56,000/per month and his wife, who was working as Supervisor in the Audit Department of A.G. Office, Hyderabad, was earning a salary of Rs.43,000/- and petitioner’s elder son Chaitanya Mohan is working as a Junior Manager in JSW Steels and earning Rs.33,000/- per month and his second son Sriharsha is working as Software Developer at USA earning $60,000 per annum. According to the petitioner, a sum of Rs.80,000/- belonging to his brother-in-law Eleti Krishna along with the savings of the petitioner and his family members, totalling to Rs.2,15,000/- was kept in the residence of the petitioner for meeting the expenses of the marriage of the petitioner’s son. He, therefore, sought return of said sum of Rs.1.95 lakhs seized by the CBI.

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The investigation is stated to be still pending.

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The learned Special Standing Counsel for the CBI submits that the charge sheet is going to be filed shortly.

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In the circumstances, as the investigation is still pending and the charge sheet is yet to be filed, it is considered neither just nor appropriate to return the seized cash, at this stage. The impugned order, dismissing the application, does not, therefore, call for any interference.

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In the result, the Criminal Revision Case is dismissed.

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G.V.SEETHAPATHY, J

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11-07-2011 MR

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THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY

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CRIMINAL REVISION CASE No. 821 OF 2011

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DATE: 11-07-2011

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Kusuma Ugavara Prasad, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kusuma Ugavara Prasad, v. The 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

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