IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI i THURSDAY JHE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 637 OF 2025 Revision filed under Section 397 & 401 of Cr.PC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased 17.04.2025 in Crip M.P No. 1875/2024 in Crime No.308/2024 on the file of the Hon'ble Addl. Judicial First Class Magistrate at Yalamanchili in contrary to reported decision of Apex Court AIR 2003 SC 638 by allowing this Criminal Revision Petition in the interest of Justice. to set-aside the orders dt. Between: Dhanala Mariyamma, W/o.Nageswara Rao, aged about 50 years, Occ Housewife, R/o.D.No.60-1-18, Relli Street, Prakash Nagar, Malkapuram, Visakhapatnam. ...PETITIONER/PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court of Judicature at Amaravati. ...RESPONDENT % 4 2. Boddeti Naidu, S/o.Kalyanam, aged about 50 years, Occ Labour, R/o.Munagapaka Village and Mandal, Anakapalli (Visakhapatnam) District. / ...RESPONDENT/COMPLAINANT lA NO: 1 OF 2025 Petition under Section 482 of Cr.PC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the orders in Crip M.P No. 1875/2024, dt. 17.04.2025 in Crime No.308/2024 on the file of the Hon’ble Addl. Judicial First Class Magistrate at Yelamanchili went against the Petitioner by releasing the vehicle bearing No. A.P 31 CA 0347 till the disposal of the Main Criminal Revision Petition Counsel for the Petitioner: SRI. MANDA VENKATESWARA RAO Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following Order: APHC010260632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] / i THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 637/2025 Between; Dhanala Mariyamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MANDA VENKATESWARA RAO Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Revision Case is filed seeking to release the vehicle bearing No.AP 31 CA 0347, which was involved in an offence in Crime No.308 of 2024 of S.Rayavaram Police Station. The learned Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Yellamanchili had passed an order dated 17.04.2025 in Crl.M.P.No.1875 of 2024 in I 2 Crime No.308 of 2024, declining to release the the petitioner. vehicle to the custody of 2. Heard Sri Manda Venkateswara Rao, learned petitioner and learned Assistant Public Prosecutor respondent No. 1/State. counsel for the appearing for the 3. Learned counsel for the petitioner has placed reliance judgment of the High Court of Madras in the matter of Kanamma v. State in Criminal Revision Case No.282 of 2016 erstwhile High Court of Andhra Pradesh i Bheemudu Alias Bheemaiah on the and the judgment of the in the matter of Baligera V. State ofAndhra Pradesh^ 4. The Hon'ble Apex Court in Sunderbhal Ambalal Desai State of Gujarat, at paragraph No. 10 held VS. as under; mm regard to valuable articles, such as golden or silver submrned that It Is of no use to Keep such articles In pLe custody for years till the trial Court Is over In our view thsf submission requires to be accepted. In such cases Magistrate cTctThZriTZ? IS 5. A learned Single Judge of this Court in Baligera Bheemudu (supra) at paragraph Nos.1 and 2 held as under; . here is a case, where in the event nf been seized and which is a case property, cannot be ' 1993 (1) ALT 278 ^ AIR 2003 SC 638 3 confiscated. If the vehicle is liable for confiscation, the conditions can be imposed to furnish some security as in the event of conviction and order of confiscation, and in the event of the vehicle being alienated or transferred, the amount equivalent to that furnished as security, can be realised. But, such is not the situation arising here. Even after conviction for the above offences when the vehicle is not liable for confiscation, the Judicial I Class Magistrate has grossly erred in imposing a condition of security by the petitioner and it is a case of total non- application of mind by the learned Magistrate. These proceedings are all penal in nature and disabling provisions. All penal and disabling provisions have to be strictly construed, and when there is no power of confiscation even after conviction of accused and even after sentencing him to imprisonment of fine, there is no jurisdiction for the criminal court to impose any conditions to furnish security for the release of case property pending trial. It is needless to mention that trial of the criminal offence will take considerable time and it is not desirable that the case property should be kept exposed to adverse seasonal conditions resulting in the loss of value of the vehicle and its efficacy. The only safeguard which has to be made is to ensure the production of the vehicle for identification during trial and for that the holding up of original R.C. Book of the vehicle is a sufficient safeguard. In addition to that, a written undertaking can be taken from the petitioner that he will not alienate, transfer or encumber the vehicle in any other manner and that he will produce the vehicle as and when directed by the Magistrate to do so. To ensure that the petitioner does not obtain a duplicate R. C. Book from the concerned transport authority and try to sell, transfer or encumber the same, it is open to the learned Magistrate to address to the concerned transport authority that the said vehicle is a case property, that there is a written undertaking that the said vehicle shall not be sold, transferred or encumbered and that original R. C. Book is in the custody of the court for ensuring the production of the vehicle as and when called for. 2. In the above circumstances, I pass the following orders: (1) That the Ambassador car bearing Registration No. ATY 9621 shall be released to the petitioner on his furnishing a written undertaking to the court of the Judicial I Class Magistrate, Gadwal, that he will not sell, transfer or encumber the said vehicle in any manner and that he will produce the said vehicle for identification as an when called for by the said court. (2) The court of Judicial I Class Magistrate, Gadwal, shall keep the original R.C. Book relating to the above vehicle in its custody pending trial. A 6. Keeping the vehicle in the Police Station for together, exposing it to air, light and rain would the vehicle is released to the interim direction to the petitioner to by the Investigating Officer purpose. months serve no purpose and if custody of the petitioner with a produce the vehicle as and when required would serve the or the Court concerned 7. Therefore, the Station House Officer S.Rayavaram Police - l e., Maruti of the year 2012, to the interim condition that the petitioner shall an amount of Rs. 1,00,000/- (Rupees One a written undertaking to the trial Court or encumber the vehicle in any manner and as and when called for by the trial Court. station, Anakapalli district, is directed to release the vehicle i Swift Car bearing No.AP 31 CA 0347 custody of the petitioner, subject to the execute a self-bond for only). The Petitioner shall furnish that he will not sell, transfer that he will produce the vehicle Lakh 8. With the above direction, the Criminal Revision Case i allowed, setting aside the impugned order dated 17.04.2025 i Crl.M.P.No.1875 of 2024 in Crime No.308 of 2024 IS in on the file of the 5 learned Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Yellamanchili. As a sequel. Miscellaneous petitions, if any pending, shall stand 9. closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial First Class Magistrate at Yelamanchili. (With records if any) 2. The Station House Officer, Anakapali Police Station, S.Rayavaram Visakhapatnam. 3. One CC to SRI. MANDA VENKATESWARA RAO Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh.[OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 6. Three CD Copies vna HIGH COURT DATED:29/05/2025 I 0 2 JUN 2025 Current S«ction m- <o ORDER CRLRC.No.637 of 2025 ALLOWING THE CRLRC