KELAVATH SRIRAMULU NAIK v. THE STATE OF ANDHRA PRADESH
CRLP/9717/2024 · 2025-02-21
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36491 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36491 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV, FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9717 OF 2024 Between: Kelavath Sriramulu Naik, S/o. Kelavath Jayaram Naik, Aged about 35 years, R/o. D.No.2-297-13-2-1, Chandrababu Nagar, Dharmavaram, Sri Satya Sai District. (Owner of Eitcher Vehicle No AP 39 TT 4896) ...Petitioner AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. Through the Station House Officer, Dharmavaram I Town Police Station, Sri Satya Sai District. ...Respondent Petition under Section 482 of Cr.P.C & 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondentsto release the Eitcher Lorry Vehicle No AP 39 TT 4896 which was seized on 08.12.2024 in connection to Crime No. 247 of 2024 on the file of Dharmavaram 1 Town Police Station, Sri Satya Sai District.
> This Petition coming on for hearing, upon perusing the Memorandum ‘ of Grounds of Criminal Petition and upon hearing the arguments of Sri , Sravan Kumar Naidana, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following Order:
1 APHC010597072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9717/2024 Between:
1.KELAVATH SRIRAMULU NAIK, S/0.
KELAVATH JAYARAM NAIK, AGED ABOUT 35 YEARS, R/0. D.NO.2-297-13-2-1, CHANDRABABU NAGAR, DHARMAVARAM, SRI SATYA SAI DISTRICT.
(OWNER OF EITCHER VEHICLE NO AP 39 TT 4896) ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, AMARAVATI. DHARMAVARAM I TOWN POLICE STATION DISTRICT. HIGH COURT OF ANDHRA PRADESH AT THROUGH THE STATION HOUSE OFFICER, SRI SATYA SAI ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioner, seeking to direct the Respondent to release Eicher Lorry bearing No.AP 39 TT 4896 which was seized in Crime No.247 of 2024 on the file of Dharmavaram I Town Police Station, Sri Satya Sai District.
Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioner
2. and Sri. C.P. Somayaji, learned Additional Public Prosecutor representing the State/Respondent. It is submitted by the learned counsel for the Petitioner and acceded to,
3. by the learned Additional Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.5470 of 2023, dated 05.09.2023: Considering the submissions made, following the said Order passed by
4. a Coordinate Bench of this Court in Criminal Petition No.5470 of 2023, dated 05.09.2023 and taking into consideration of the facts and circumstances of the case, this Court is inclined to allow the present petition. In the result. Criminal Petition is allowed. The subject vehicle viz. Eicher
5. Lorry bearing No.AP 39 TT 4896 which was seized in connection with Crime No.247 of 2024 on the file of Dharmavaram I Town Police Station, Sri Satya Sai District, is ordered to be given to the Petitioner for interim custody- (a) on his producing the original R.C. and executing a self bond for the value of the subject vehicle to be assessed by the Motor Vehicle Inspector, with two sureties for the like sum each, to the satisfaction of the jurisdictional Magistrate concerned: (b) on his executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and
I 3 (c) on his executing an undertaking that he would produce the vehicle as and when directed by the trial Court till the case is disposed of, in the trial Court.
Sd/- M SRINIVAS assistant REGISTR^ //true copy// N OFFICER S To, 1 Town Police Station, 1, The Station House Officer. Dharmavaram Chittoor District.
2. OneCCto Sri Sravan Kumar
3. Two CCS to the Public Prosecutor Amaravati [OUT]
4. Three CD Copies Naidana Advocate [OPUC] , High Court of Andhra Pradesh at • I 'f. SAM vna
f HIGH COURT DATED :21/02/2025
ORDER CRLP.No.9717 of 2024 I 0 7 ?I?S ^ Current Section O DISPOSING OFTHECRLP