Allowed

Rathode Ravi v. The State of Telangana

Telangana HC8 Feb 2016CRLRC/440/2016

Case brief

AI extract

What is this about?

In a criminal revision under sections 397 and 401 CrPC, the Single Judge allowed the revision and directed immediate interim release of a seized auto rickshaw to the petitioner-vehicle owner, subject to a personal bond and the execution of confiscation proceedings.

What did the court decide?

The Auto Rikshaw (TS 06 UA 8185) was directed to be released on a personal bond of Rs. 1,00,000/-, production of RC book, and undertaking not to alienate the vehicle.

Rathode Ravi Vs The State of Telangana — Property and Title | Telangana HC (2016)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO

¶2

Criminal Revision Case No.440 of 2016

¶3

ORDER:

¶4

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 order dated 01-02-2016 passed in Crl.M.P.SR.No.348 of 2016 in P.C.O.R.No.19 of 2016 on the file of the Judicial First Class Magistrate, Kodangal, Mahaboobnagar District, wherein and whereby the learned Magistrate returned the application filed by the petitioner invoking the provisions under Section 451 read with Section 457 Cr.P.C. seeking to release the vehicle i.e., Auto Rikshaw bearing No.TS 06 UA 8185 for the interim custody of the petitioner.

¶5

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

¶6

Learned Additional Public Prosecutor objected for grant of interim custody submitting that the vehicle is involved in a crime.

¶7

Considering the circumstances of the case, it is directed that the vehicle i.e., Auto Rikshaw bearing No.TS 06 UA 8185 shall be released for interim custody of the petitioner, subject to final orders to be passed at the time of disposal of main case, on his executing a personal bond for Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the trial Court 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

¶8

the Court. However, it is made clear that the present order will not stand in the way of confiscation proceedings, if any, already passed. Further, this order does not preclude the authorities from passing any confiscation proceedings.

¶9

Accordingly, the Criminal Revision Case is allowed.

¶10

Miscellaneous petitions pending in this revision, if any, shall stand closed.

¶11

JUSTICE RAJA ELANGO

¶12

08^th February, 2016

¶13

skmr

Rathode Ravi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Rathode Ravi v. The State of Telangana

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

Gothrala Srinivas Vs The State of Telangana

Sabbisetty Venkata Rama Krishna Vs The State of Andhra Pradesh

Rathode Nandu Naik , Nandu Vs The State of Telangana

V.Nagaraju Vs The State of Ap.

A.Krishna Goud, Vs State of Telangana

Dikkala Deena Dayal , Tagore Vs State of Andhra Pradesh