Dismissed

Thota Laxman v. The State of Telangana

Telangana HC26 Jul 2023CRLA/616/2023

Case brief

AI extract

What is this about?

The High Court dismissed a criminal appeal filed by an appellant who was acquitted but whose seized funds were confiscated. The Court held that since the money was recovered from a witness and no one claimed it, the confiscation stood and the appeal lacked merit.

What did the court decide?

Criminal Appeal No. 616 of 2023 dismissed; pending miscellaneous applications closed; no costs.

Thota Laxman Vs The State of Telangana — Cheque Dishonour | Telangana HC (2023)

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|³²¹⁶ |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE",-

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PRESENT

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THE HONOURABLE SRI JUSTICE M.LAXMAN /,.

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CRIMINAL APPEAL NO: 616 OF 2023

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Appeal under Section 454 of Cr.P.C Aggrieved by the Judgment dated 0810612022 passed in Spl. S.C.No. 47 of 2018 on the file of the Court of^the Court of the Sessions Judge for Trial of Cases under SCS/STS^(POA) Act-cum-ll Additional District and sessions Judge, at Adilabad.

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Between:

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Thota Laxman, S/o.Nagaraju, Aged about 52^years, Occ. Sarpanch,^R/o Goleti Township of Rebenna Mandal, Komarambheem Asifabad District.

...APELLANT/ACCUSED

AND

The State of Telangana, through Sub Divisional Police Officer, Asifabad, Rep.^by Public Prosecutor, High Court For the State of Telangana, at Hyderabad.

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...RESPONDENT/COMPLAINANT

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Counsel for the Appellant: SRl. V YADU KRISHNA SAINATH,-

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Counset for the Respondent: Additional PUBLIi PROSECUTOR

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE M. LAXMAN

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CRIMINAL APPEAL No.616 OF 2023

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ORDER:

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This Criminal Appeal is preferred under Section 454 of Criminal Proceclure Code, 1973 (Cr.P.C) challenging the Judgment clated O8.06.2O22 passed in SPL.S.C.No.47 of 2Ol8 by the learnc-d Special Judge for Trial of Cases undbr SCs and STs (POA) Act {um- II Additional Sessions^judge, Adilabad, in respect of confiscation of the amount i.e., Rs. 12,7O,OOO /- seized by the Investigating Officer.

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The sum and substance of case of the prosecution is that the appellant/accused, who was Sarpanch of the Village, has allegedly collcctecl the amounts of the compensation, rvhich are payable to the victims on account of acquisition of lands by the Singareni Company. On the basis of the said allegations, police have registered a case; issued FIR and investigated into the same. During the course of investigation, the alleged amount of Rs. 12,7O,OOO/- was seized from the possession of one Sri Ajay Jain (LW. 13) on the^premise that the alleged amount was kept with him for purchasing^j4nmovable property. After completion of investigation,^police laid the charge sheet for the offences

under Scctions 4O3, 406, 4O9 and 42O of the Indian Penal Code, 186O and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2O15). After full-fledged trial, the case ended in acquittal. However, the Court below confiscated the said amount to the State. Being aggrieved, this Criminal Appeal has been preferred.

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Thc contention of the Iearned counsel for the appellant is that r.r,hen there is a acquittal and when the prosecution case is that alleged amount was kept with the said Sri Ajay Jain (LW. 13) by the appellant and he is entitled for the said amount since the case ended in acquittal.

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Per contra, learned Additional public prosecutor has submitted that the entire case of the prosecution is that the appellant collected the compensation amount payable to the victims, who were turned hostile, and illegally kept the same with the said Sri Ajay Jain (LW. l3). However, the Court below has not believed the version of the prosecution and acquitted the appellant herein. In that case, the appellant is not entitled to claim the said amount. According to him, the amount was rightly confrscated.

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5 . I leard^{learneclcoun sel ior the appellanta s well as the} learnedAdditior-ralPublicProsecutorandperusedlherecord.

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6.AscouldbeseenfromLhematerialplacedbeforethis Court,itmanileststhattheappellantwasacquitteclandthe conltscation^{of the seized amount was under challengein this} appeal.^{Thecase set up by the prosecution is that the appellant} hadcollectedthecompensationamountpayabletothevictims, who^{were examined as PWs l to 4'and such amountwas} illegally^{kept iviththe said Sri Ajay Jain (LW' 13) by the} appeliant^{hereinfor purchasing the property'}

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PWs.l^{to 4, who set the law into rnotion'turned hostile} and^{that the prosecution did not makeany attemptto examine} the said^{Sri Ajay Jain(LW'13) to show that the amountwas} recovered^{from him' When there is no claim from ttre said Sri} Ajay^{Jain (LW' 13) from whom the amountwas seized' the} cannot^{claimsuch amountbecauseof the fact that} ^pp.It.r,t the amount^{was recoveredfrom the said Sri Ajay Jain (LV/'13)} as the^{crux of the case of the prosecutionis that the amount} was^{illegallykept by the appellant with the said Sri Ajay Jain}

(LV/.13). --'/

The rightful person to claim the said amount, if any, is the said Sri Ajay Jain (LW. 13) but he never claimed the same. Further, the appellant never admitted the version of the prosecution and not claimed case set up by prosecution, except claiming the seized amount. Therefore, the Court below has rightly held that if anyone claims the seized amount, they shall approach the competent Civil Court.

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After analysing the entire facts of this case, this Court is of the considered view that the Judgment impugned in^this appeal is sustainable under law and interference of this Court is unwarranted. Therefore, this appeal is devoid of merits^and liable to be dismissed.

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1O. Under the circumstances narrated hereinabove, this Criminal Appeai is dismissed.

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Pending miscellaneous applications, if any, shall stand

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closed.

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Sd/-I.NAGALAKSHMI DEPUry REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Special Judge for Trial of Cases under SCs and STs (POA) Act - cum - ll Additional Sessions Judge, Adilabad. (With Records, if any).

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The Station House Officer, Rebenna Police Station, Asifabad.

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The Sub - Divisional Police Officer, Asifabad.

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Two CC's to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

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One CC to Sri.V.Yadu Krishna Sainath, Advocate [OPUC]

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Two CD Copies

?N,.,

HIGH COURT

DATED:2610712023

ORDER

CRL.A.No.616 ot 2023

IE (-,l
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91 I
I DESP 61

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DISMISS!NG THE CRIMINAL APPEAL

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WITHOUT COSTS.

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8ru.(,

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2*1e14,

Thota Laxman v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Thota Laxman v. The State of Telangana

Case brief

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