Allowed

Kotha Venkata Subba Rao v. The State of A.P

Telangana HC13 Jul 2016CRLRC/1822/2016

Case brief

AI extract

What is this about?

In Criminal Revision Case No.1822 of 2016, the High Court allowed the revision challenging the dismissal of a petition under Section 457 Cr.P.C. seeking release of an implicated vehicle. It directed the vehicle owner to furnish a personal bond and produce the RC book to get interim custody, subject to final orders and confiscation proceedings.

What did the court decide?

Vehicle released for interim custody on furnishing personal bond of Rs.3,00,000/- and producing original RC book, subject to confiscation.

Kotha Venkata Subba Rao Vs The State of A.P — Property and Title | Telangana HC (2016)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1822 OF 2016

¶2

ORDER:

¶3

This Criminal Revision Case is preferred challenging the docket order, dated 16.06.2016, in Crl.M.P No.2018 of 2016 in Crime No.76 of 2016 on the file of I Additional Junior Civil Judge, Gurazala.

¶4

2. The petitioner herein filed a petition under Section 457 Cr.P.C. seeking release of vehicle i.e., Lorry bearing Registration No.AP-27-TX-1107, was dismissed seized by the Sub-Inspector of Police, Dachepalli Police Station in connection with Crime No.76 of 2016 for the offences punishable under Sections 468, 471 and 420 IPC and the same was dismissed by the Court below. Aggrieved by the same, the present revision is filed.

¶5

3. Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and if the vehicle is kept idle for a long period, there is every possibility of getting it damaged. He further submitted that the petitioner is ready to furnish sufficient surety and also produce the vehicle as and when required by the Court.

¶6

4. Learned Additional Public Prosecutor objected for the same, since the vehicle is involved in a crime.

¶7

5. Considering the circumstances of the case, it is directed that the vehicle i.e. Lorry bearing Registration No.AP-27-TY-1107 shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on furnishing a personal bond for a sum of Rs.3,00,000/- (Rupees Three lakhs only) to the satisfaction of the I Additional Junior Civil Judge, Gurazala, 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

¶8

till the disposal of the main case and further, the petitioner shall undertake to produce the vehicle as and when required by the Court. However, it is made clear that the present order will not stand in the way of any confiscation proceedings. If already confiscation orders are passed, the order need not be given effect to.

¶9

6. With the above directions, the Criminal Revision Case is disposed of.

¶10

7. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

¶11

_________________________ JUSTICE RAJA ELANGO JULY 13, 2016 YVL

Kotha Venkata Subba Rao v. The State of A.P

Case brief

What is this about?

What did the court decide?

Kotha Venkata Subba Rao 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

Manda Bhadradri Rami Reddy, Vs The State of Telangana.

Pedavegi Rambabu, Vs State of Andhra Pradesh

Devarapalli Raja Sekhar , Chinna, Vs The State of Andhra Pradesh

Kotha Chandra Sekhara Prasad, Vs Kotha Parvathi

Chavvakula Abhilash Lagow and 2 Others Vs the State of Telangana and Another]

Ega Srinivasulu Vs The State of Andhra Pradesh