Allowed

S.Sambaiah v. The State of A.P.

Telangana HC10 Apr 2014CRLP/1974/2012

Case brief

AI extract

What is this about?

This Criminal Petition challenged an order refusing to hand over a locker key to an Advocate-Commissioner for opening and depositing contents before the trial court. The court set aside the impugned order, directing the trial court to appoint the Commissioner and produce the articles.

What did the court decide?

Set aside order dated 6.8.2007; directed trial Court to appoint Advocate-Commissioner to open locker and deposit contents.

S.Sambaiah Vs The State of A.P. — Property and Title | Telangana HC (2014)

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HON’BLE SRI JUSTICE S.RAVI KUMAR

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CRLP No.1974 of 2012

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ORDER

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This Criminal Petition is filed to set aside order dated 6.8.2007 in Crl.M.P.No.110 of 2007 in Cr.No.51 of 2004 on the file of the Judicial First Class Magistrate, Mulugu, to the extent of not granting the relief of handing over locker key to Advocate-Commissioner in whose presence the locker has to be opened and the contents in the locker have to be deposited before the trial Court.

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Heard both sides.

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The main grievance of the petitioner is that he being a third party to the case and having held a locker in the bank, he is made to pay rent for the said locker without operating it.

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The main objection of the learned Additional Public Prosecutor is that the petitioner is no other than the father of A1 and since the locker contains incriminating material, he cannot be permitted.

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As seen from the affidavit filed in Crl.M.P.No.110 of 2007 before the lower Court, the very prayer of the petitioner is to hand over locker key to an Advocate Commissioner with a direction to the Manager, Ing

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Vysya Bank to cooperate with the said AdvocateCommissioner in opening the locker and direct the Advocate Commissioner to take over possession of the ornaments and other articles found in the locker and to deposit them into the Court. There cannot be any objection for the prosecution to get the property from the bank locker and to deposit it in the Court. The trial Court ought to have granted this relief having ordered for return of other articles that were seized from the petitioner.

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Considering the facts and circumstances of the case the learned Magistrate erred in refusing to give locker key of the petitioner to an Advocate Commissioner, to be appointed.

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For these reasons, this Criminal Petition is allowed by setting aside the order dated 6.8.2007 in Crl.M.P.No.110 of 2007 and the trial Court is directed to appoint an Advocate-Commissioner and to hand over locker key to him with a direction to open the locker of the petitioner which is in ING Vysya Bank, Subedhari B ra n c h , Hanamkonda, Warangal District, in the presence of investigating officer and deposit the articles found in the locker before the trial Court.

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___________________ JUSTICE S.RAVI KUMAR

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10^th April, 2014 rkk

S.Sambaiah v. The State of A.P.

Case brief

What is this about?

What did the court decide?

S.Sambaiah v. The State of A.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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