MACHA VEERABHADRA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/2739/2025 · 2025-03-13
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11046 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11046 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010126702025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2739 of 2025 Between: Macha Veerabhadra Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. P RAVIKANTH Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following Order:
This Criminal Petition under Section 528 of B.N.S.S. is filed seeking direction to the II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District to return the sale deed bearing No.2330 of 2008, dated 27.03.2008 belonging to the petitioner by relaxing the condition imposed in Crl.M.P.No.589 of 2016, dated
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05.05.2016, passed by the learned II Additional Judicial Magistrate of First Class, Nellore. 2. The learned counsel for the petitioner submits that the learned II Additional Judicial Magistrate of First Class, Nellore, has passed an order, dated 05.05.2016 in Crl.M.P.No.589 of 2016 wherein, the petitioner was permitted to take custody of Rs.5.00 lakhs, which was seized as crime property, with a condition to submit any sale deed of the property belonging to the petitioner as surety. 3. The learned counsel for the petitioner further submits that the petitioner is listed witness No.3 in C.C.No.484 of 2018. He further submits that the victims, whose money was also recovered during the course of investigation by the investigating officer was handed over to the victims and a similar order was passed by the learned Magistrate for grant of interim custody. He submits that this Court vide order, dated 06.02.2024, in Crl.P.No.9667 of 2018, allowed the petition and modified the condition by directing the petitioner therein to execute a self bond for an amount of Rs.4.20 Lakhs along with surety and prayed to grant similar relief. 4. Heard. Perused the record. 3
5. Admittedly, the amounts that were seized as case property, belonged to the petitioner and there is no requirement of the petitioner producing a registered sale deed for the interim custody of the same. 6. In that view of the matter, the Criminal Petition is disposed of, relaxing the condition of producing sale deed of any property towards surety.
Further, the petitioner shall make appropriate application before the learned II Additional Judicial Magistrate of First Class, Nellore for return of the sale deed document No.2330 of 2008, dated 27.03.2008, which shall be returned after due verification and acknowledgment. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed. ________________________ JUSTICE HARINATH N.
Dated 13.03.2025 PKR
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THE HON’BLE SRI JUSTICE HARINATH N.
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CRIMINAL PETITION NO: 2739 of 2025
Dated 13.03.2025 PKR