Jajula Veeraswamy , Musalaiah, Vs The State of Andhra Pradesh

HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

Criminal Petition Nos.6238 to 6241 of 2012

C O M M O N O R D E R:

The petitioners in these four petitions are accused in this crime and they are seeking interim custody of the vehicles namely motor cycles. The case is for the offences punishable under Sections 341, 323, 302/149 IPC and Section 3(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the prosecution, these four motor cycles were used by the accused during the course of commission of the offence and while fleeing away from the scene. The lower Court, by the impugned orders refused to give interim custody of the vehicles to the petitioners. Of course, the lower Court is justified in refusing to give interim custody at that stage as investigation of the case was still pending. It is stated by the petitioners’ counsel that subsequent to passing of the impugned orders by the lower Court, the police have filed charge sheet in this case. No copy of the charge sheet is

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filed before this Court. At any rate, keeping motor cycles either in the police station or in the Court compound will lead to their destruction and diminution of their value.

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In the circumstances, all the Criminal Petitions are dismissed giving liberty to the petitioners to renew their applications for interim custody of the motor cycles before the lower Court, after charge sheet is filed, in which event, the lower Court will pass appropriate orders having regard to observations made by this Court in this order.

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____________________________ SAMUDRALA GOVINDARAJULU,J

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Dt. 21^st August, 2012 PNV

Jajula Veeraswamy , Musalaiah, v. The State of Andhra Pradesh

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Jajula Veeraswamy , Musalaiah, v. The State of Andhra Pradesh

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