rw APHC010619492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1160 OF 2023 Revision filed under Section 397 and 401 of Cr.P.C. aggrieved with the order dated 20.08.2023 passed in Crl.M.P.No.1365 of 2023 in C.C.No.646 /2023 in Cr.No.57 of 2022 of Kondapuram P.S on the file of the Judicial Magistrate of First Class, Jammalamadugu. Between: Kullayamma, W/o. Subbarayudu Aged 36 years, Hindu, Ex.Home Guard, 14-227, Asupatri Palem, Tadipatri Town and Mandal, Anantapuram District. R/o ...Petitioner/Accused No.3 AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P., Amaravathi. 2. State SHO, Kondapuram P.S. Jammalamadugu Town, YSR Kadapa District. 3. Ramalinga Prasad (A1), S/o. Late Deva Sahayam, age 40 years, R/o. New Chowti Palli Village, Muddanur Mandal, Y.S.R Kadapa District. 4. Manchuri Mali Reddy (A2-Died), S/o. Late Gangi Reddy, age 54 years, R/o. Gandhi Nagar, Railway Koduru Town and Mandal, Annamaiah District. 5. Ramanagalla Subbarayudu (A4), S/o. (Late) Obulesu, age 40 years R/o.D.No.14-227. Asupathri Palem. Tadipatri Town and Mandal Ananthapuram District. Respondent No.3/A1 Respondent No.4/A2 Respondent No.5/A4 (Respondent Nos.3 to 5 not necessary in this petition) Respondent Nos.3 to 5 cause title are amended (Proper address) in I.A.No.1 of 2025 in Crl.R.C.No.1160 of 2023 as per the Court Order dated 20.02.2025. ...Respondents f lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in Crl.M.P.No.l365 of 2023 in C.C.No.646/2023 in Cr.No.57 of 2022 of Kondapuram Police Station. Counsel for the Petitioner: SRI JITHENDRA P Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent Nos.2 to 5: -- The Court made the following ORDER: APHC010619492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] r FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1160/2023 Between: Kullayamma ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: Jithendra P Counsel for the Respondent(S): Public Prosecutor (AP) The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. The impugned order was passed on an application filed under Section 451 of ‘the Cr.P.C.,’ by the petitioner seeking interim custody of the petitioner’s seized vehicles. The petitioner contends that she is the owner of the seized vehicles. Whereas, the prosecution contends that out of the money 2. 2 Dr.^iiLR, I CrI.R.C.No.lieOof 2023 Dated 18.07.2025 unlawfully gained by playing deception on the de-facto complainant, the vehicles were purchased. The learned counsel for the petitioner submits that the petitioner would give any kind of security as ordered by this Court for the release of the vehicles to the interim custody of the petitioner. Indeed, prima facie, the petitioner is the owner of the property from the registration certificates of the vehicles. If the vehicles are kept in the police station or in the precincts of the Court, they would certainly be exposed to light, air and rain which would not serve any purpose to anyone. On the other hand, if the vehicles are given to the interim custody of the petitioner with sufficient surety ends of justice would be met. The Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat\ at Para Nos.7 and 17 held as under: “7... In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would various purposes, namely: 1. owner of the article would not suffer because of its remaining unused or by its misappropriation; 2. court or the police would not be required to keep the article in safe custody; 3. if the proper panchnama before handing over possession of the article Is prepared, that can be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and 4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles. 3. 4. as seen 5. serve (2002) 10 see 283 3 Dr.YLR, J Crl.R.C.1Mo.ll60of 2023 Dated 18.07.2025 M. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass apDropriate orders immediately by taking aoDrooriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles. 6. Therefore, the criminal revision case, is disposed of with a direction to the learned Judicial Magistrate of I Class, Jammalamadugu, to release the vehicles to the interim custody of the petitioner subject to the petitioner giving third party sufficient surety and other valid and reasonable conditions imposed by or to the satisfaction of the learned Judicial Magistrate of I Class, Jammalamadugu. With the above observations, the Criminal Revision Case is disposed of. There shall be no order as to costs. 7. As a sequel, interlocutory applications, if any pending, shall stand Sd/- V. DIWAKAR DEPUTY REGISTRAR closed. //TRUE COPY// SE OFFICER To, 1. The Judicial Magistrate of First Class, Jammalamadugu. 2. The Station House Officer, Kondapuram P.S. Town, YSR Kadapa District. 3. One CC to Sri Jithendra P, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh Amaravati. [OUT] 5. The Section Officer, Criminal Section, High Court of A.P. Amaravati. 6. Two CD Copies Jammalamadugu at at HIGH COURT i DATED:18/07/2025 ORDER CRLRC No. 1160 OF 2023 rPl’- C3 gf 2 5 JUL 2025 Co • ^S>Current Sectiwvx DISPOSING OF THE CRIMINAL REVISION CASE