Extracted from the PDF above. The PDF is authoritative.
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APHC010380612025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8019 OF 2025 Between:
1. Basavaraju, S/o Sanna Appayya, Age 36 yrs, D.No. 152. U. Rajapura, Sonduru Taluka. Bellary District, Karnataka state ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of AP at Amaravathi Through the Station House Officer, Bommanahal Police Station, Anantapur District. 2. The Tahsildar, Bommanahal Mandal, Anantapur District ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to direct the respondents to release the Bolero MAXX pick up vehicle bearing No.KA-34-D-2274 in connection to Crime No. 61/2025 dt:10.05.2025 before Bommanahal Police Station, Anantapur District and be pleased to pass s IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the
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High Court may be pleased pleased to dispense with filing of certified copy of FIR in Crime No. 61/2025 dt:10.05.2025 before Bommanahal Police Station, Anantapur District, pending disposal of the quash petition and pass s Counsel for the Petitioner: P SRAVAN KUMAR REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8019 OF 2025 ORDER:
The instant Criminal Petition under Section 528 of the BNSS has been filed, by the Petitioner, seeking to direct the Respondent to release Bolero MAXX pick up Vehicle No.KA 34 D 2274 which was seized on 10.05.2025 in connection to Crime No. 61 of 2025 on the file of Bommanahal Police Station, Ananthapuram District for the alleged offences under sections 318(4) r/w 3(5) BNS and Section 7 (1) EC Act of 1955. 2. Heard learned counsel for the Petitioners and the learned Assistant Public Prosecutor representing the State/Respondent. 3. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Assistant 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. 4.
Considering the submissions made, following the said Order passed by 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. 5. In the result, Criminal Petition is allowed. The subject vehicle i.e., Bolero MAXX pick up Vehicle No.KA 34 D 2274 which was seized on 05.09.2025 in Crime No. 61 of 2025 on the file of Bommanahal Police Station, Ananthapuram District, is ordered to be given to the Petitioner for interim custody-
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(a) on petitioner producing the original R.C. and executing a self bond each for the value of the subject vehicles 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 petitioner executing an undertaking that he would not alienate the said vehicle or transfer its ownership or change any physical features of the vehicle; and (c) on petitioner executing an undertaking that they would produce the vehicle as and when directed by the trial Court till the case is disposed of, in the trial Court. Pending applications, if any, shall stands closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:18.09.2025 KKV
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.8019 of 2025
Dt.18.09.2025
KKV