Disposed

Rathode Nandu Naik , Nandu v. The State of Telangana

Telangana HC5 Feb 2016CRLRC/353/2016

Case brief

AI extract

What is this about?

This revision disposed the challenge against an order returning the crime vehicle. The court directed its interim release to the petitioner on execution of a personal bond of Rs.2,00,000- with a surety and production of the RC book, pending final disposal of the main case.

What did the court decide?

Release of seized Mahindra Bolero (KA 32 N07258) to petitioner on personal bond of Rs.2,00,000- with surety and production of RC book.

Rathode Nandu Naik , Nandu Vs The State… — Contract and Commercial Disputes | Telangana HC (2016)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.353 of 2016

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ORDER:

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The petitioner filed this Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Criminal Procedure Code being aggrieved by the returned endorsement dated 28.01.2016 passed in C.F.R. No.314 of 2016 in PCOR No.25 of 2016 by the Judicial Magistrate of First Class at Kodangal.

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Heard and perused the material available on record.

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Petitioner herein filed the impugned application under Section 457 of the Code of Criminal Procedure before the Court below seeking to release the crime vehicle i.e., Mahindra Bolero bearing No.KA 32 N07258, which was returned by the Court below vide impugned order on the ground of jurisdiction. Challenging the same, present revision is filed.

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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 it getting 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.

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

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Considering these circumstances, it is directed that the vehicle i.e. Mahindra Bolero bearing No.KA 32 N07258, shall be released for interim custody of the petitioner, subject to final orders to be passed in the main case, on petitioner executing a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with one surety for the like sum to the satisfaction of the Judicial Magistrate of First Class, Manthani, and also on production of original R.C. book. It is further directed that

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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 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.

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

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______________ RAJA ELANGO, J February 05, 2016. KTL

Rathode Nandu Naik , Nandu v. The State of Telangana

Case brief

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What did the court decide?

Rathode Nandu Naik , Nandu v. The State of Telangana

Case brief

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