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Kommaboina Lakshmi Narayana v. The State of Andhra Pradesh

Telangana HC14 Jul 2016CRLRC/1827/2016

Case brief

AI extract

What is this about?

In a criminal revision case, the High Court granted interim release of a lorry to the petitioner for custody. The order required execution of a bond and undertaking not to alienate the property, stating that confiscation proceedings remain unaffected.

What did the court decide?

Directed release of lorry No.AP 27 TX 6119 to the petitioner for interim custody subject to executing a bond with a surety and providing an undertaking.

Kommaboina Lakshmi Narayana Vs The State of… — Execution and Attachment | Telangana HC (2016)

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THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1827 OF 2016

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ORDER:

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The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order, dated 16.06.2016, passed in Crl.M.P.No.2016 of 2016 by the Court of the I Additional Junior Civil Judge, Gurazala, Guntur District, whereby the learned Magistrate dismissed the petition filed by the petitioner for the reason that if the vehicle is released to the petitioner, he may destroy the valuable evidence against him and also observed that it would be difficult to secure the property at the time of trial.

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Heard and perused the material available on record.

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Learned counsel for the petitioner submits that the Court below erroneously dismissed the petition filed by the petitioner for release of the vehicle. Hence, he prays this Court to release the vehicle.

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Learned Additional Public Prosecutor opposed for the same.

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Considering the facts and circumstances, it is directed that the vehicle

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i.e., Lorry bearing No.AP 27 TX 6119 shall be released to the petitioner for interim custody, subject to final orders to be passed in the main case, on his executing a personal bond for a sum of Rs.4,00,000/- (Rupees four lakhs only) with one surety for a like sum to the satisfaction of the learned Magistrate concerned, and subject to production of all the documents relating to the vehicle in question. The petitioner shall also give an undertaking not to sell, alter or alienate the said vehicle and produce the same as and when directed by the trial Court. However, this Order does not preclude the authorities concerned from proceeding with the confiscation proceedings.

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With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

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JUSTICE RAJA ELANGO

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14.07.2016 pln

Kommaboina Lakshmi Narayana v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kommaboina Lakshmi Narayana 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

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