Allowed

Pasham Nalini v. The State of Telangana

Telangana HC20 Oct 2021CRLP/683/2020

Case brief

AI extract

What is this about?

Petitioner sought return of Rs. 1,90,000 deposited in a crime case. The High Court set aside the order dismissing the return application, noting investigation was complete and charge sheet filed, granting liberty to file a fresh application before the trial court.

What did the court decide?

Setting aside the order dated 07.05.2019 dismissing the application for return of cash, and granting liberty to file a fresh application before the trial court.

Pasham Nalini Vs The State of Telangana — Property and Title | Telangana HC (2021)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

¶2

AT HYDERABAD

¶3

WEDNESDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER

¶6

CRIMINAL P ETITION NO: 683 OF 2O2O

¶7

Between:

¶8

Pasham Nalini, W/o Srinivas, aged 44^{years,R/o H. No.1-5-372,Sanjeev Nagar,} Bhongir town and Mandal, Yaadaadri Bhongir^District.

¶9

...PETITIONER/ Owner of the Property

¶10

AND

¶11

The State of Telangana, Rep. by its Public^{Prosecutor, High Cou(of Judicatureat} Hyderabad.

¶12

...RESPONDENT/ RESPONDNET

¶13

Petition under Section 482 of cr.P.c^{praying that in the circumstancesstated} in the Memorandum of Grounds of Criminal^{Petition,the High Court may be pleased} to direct the Station House Officer, Bhongir^{Police Station, Yadaadri BhongirDistrict} to forthwith release the net Cash of Rs.^{1,90,100/-which was depositedin} Crime No. 232 ol 2016 on the file of^{PS Bhongir to the petitioner.}

¶14

This Petition coming on for hearing,^{upon perusingthe Memorandumof} Grounds of criminal Petition and^{upon hearing the arguments of sri ch. Laxmi} Narayana, Advocate for the Petitioner^{and the Public Prosecutor on behalfof the} Respondent.

¶15

The Court made the following: ORDER

¶16

THE HON.BLE DT. JUSTICE SHAMEEM AKTHER

¶17

CRIMINAL PETITI N No.683 of 2O2O

¶18

ORDER

¶19

Thls Cr minal Petition, under Section 482 of the Code cf Criminal Procedure, 1973 (Cr.P.C), is Filed by the petitioner seeking to set aside the order dated 07.05.2019 passed in Crl.M,P.No.1080 of 2018 in Crime No.232/2016 of Bhongir Town Police Station, by the learned Additional ludicial Magistrate of First Class, at Bhongir, wherein the application filed by the petitioner under Section 457 Cr.P.C for return of property i.e, net cash of Rs.1,90,000/- which was deposited in the subject crime vide C.P.No,i'.48/2076, was dismissed by the Court below on the ground that lnvestigation was not completed by then,

¶20

Heard the learned counsel for the petitioner, Iearned Assistant Public Prosecutor for the respondent/State and perused the record.

¶21

In the course of submissions, it is brought to the notice oF this Court by the learned Assistant Public prosecutor that investigation in the subject crime was completed and charge sheet has been filed before the learned Judicial Magistrate of First Class, Bhongir and C.C.No.326/2020 has been assigned.

¶22

Since investigation in the subject crime was completed and charge sheet has been filed, the impugned order dated 07.05.2019 passed in Crt.M.p.No.10B0 of 2018 by the Court below, is set aside and the petitioner is granted liberty to file fresh application before the Court below, for return of cash. On

¶23

filing such application, the trial Court sha,l dispose of the same, in accorda nce with law.

¶24

with the above observations, this Criminal petition is

¶25

disposed of.

¶26

Miscellaneous petitions, if any, pending in this criminar Petition sha ll stand closed.

¶27

//TRUE COPY//

¶28

SD/.K.VENKAIAH ASSISTANT REGISTRAR h-'/

¶29

SECTION OFFICER

¶30

To,

¶31

The Additional Judicial Magistrate of First Class, Bhong 2. fhe Station House Officer, Bhongir Police Station, Nalg 3. Two CCs to Public Prosecutor, High Court for the State Hyderabad. (OUT)

¶32

One CC to Sri Ch. Laxmi Narayana, Advocate [OPUC] 5. Two CD Copies 6. One Spare Copy Kul \ sbr *)+-

¶33

ir, Nalgonda District. onda District. of Telangana at

¶34

HIGH^COURT

¶35

DATED:^2011012021

¶36

L t. r rc
(
0:
z I
cl) 3 0 0$t20?1 3-.>JL
( 1]
! l: o (:

¶37

ORDER

¶38

CRLP.No.683 of 2020

¶39

DISPOSING OF THE CRIMINAL PETITION

¶40

)) 1A^\o

Pasham Nalini v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Pasham Nalini 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

M/s. Sterling Transformers Vs The State of Telangana

Pavan Kumar Agarwal, Chattisgarh State and Anr., Vs the State Telangana, Rep Pp and Anr.

Shabana Yasmeen Vs The State of Telangana

G Shoba Vs The State of Telangana

Bhukya Homji Naik Vs The State of Telangana

Md. Abdul Mubeen Vs Babar Ali Khan , Babar and the State of Telangana, Rep by P.P