Allowed

Bijay Kumar Udjogi, v. The State of A.P.

Telangana HC15 Jun 2016CRLRC/1491/2016

Case brief

AI extract

What is this about?

In a criminal revision, the High Court allowed the petitioner-vehicle owner an order for interim custody of the seized vehicle, conditioned on execution of a bond, production of RC book, and undertakings regarding the vehicle's condition and availability.

What did the court decide?

Vehicle Maruti Suzuki Alto Lxi bearing Reg. No.OR 10K 0862 released for interim custody subject to personal bond and conditions.

Bijay Kumar Udjogi, Vs The State of A.P. — Execution and Attachment | Telangana HC (2016)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1491 OF 2016

¶2

ORDER:

¶3

Petitioner-Owner of the Vehicle filed this Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the order dated 26.04.2016 in Crl.M.P.No.209 of 2016 in OR No.58 of 2015-16 passed by the Judicial Magistrate of First Class, Araku.

¶4

Heard.

¶5

Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure seeking to return the vehicle viz., Maruti Suzuki Car (Alto Lxi) bearing Registration No.OR 10K 0862 seized in connection with the Crime, and the said application was dismissed by the learned Magistrate vide impugned order. Challenging the same, the present revision is filed.

¶6

Learned Counsel for the petitioner submitted that the petitioner is the owner of the vehicle and the same is very essential for his daily works. Further, if the vehicle is kept idle for a long period there is every possibility of getting it damaged. He also submitted that the petitioner is ready to produce the vehicle as and when required by the Court.

¶7

Learned Additional Public Prosecutor also submitted that interim custody of the crime vehicle can be granted to the petitioner by imposing certain conditions.

¶8

Considering these circumstances, it is directed that vehicle i.e. Maruti Suzuki Car (Alto Lxi) bearing Registration No.OR 10K 0862, shall be released for interim custody of the petitioner, subject to final

¶9

orders to be passed at the time of disposal of the main case, on his executing a personal bond for Rs.75,000/- (Rupees Seventy Five Thousand only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Araku, and also on production of original R.C. book. It is further directed that the petitioner shall not alienate the vehicle, shall not change the physical features of the same till the disposal of the criminal case and further he shall undertake to produce the vehicle as and when required by the Court below.

¶10

Accordingly, the Criminal Revision Case is disposed of. Pending Miscellaneous petitions, if any, shall stand closed.

¶11

______________________ JUSTICE RAJA ELANGO

¶12

15.06.2016 Tsr

Bijay Kumar Udjogi, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

Bijay Kumar Udjogi, 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

Parties & counsel

Coram

Case details

Similar cases

Chinnappayajayaram Vs The State of a.P.,rep.,Pp

Merugu Sadaiah Vs The State of Telangana

D.S. Kiran Vs State of Telangana

T.Surender and Anr. Vs State of A.P.

Appala Subrahmanyam Vs The State of Ap.

Simran Begum , Alisha Begum Vs The State of Telangana