APHC010175812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 406/2024 Between: The State ...PETITIONER AND Sandepudi Siva Kumar and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB Counsel for the Respondent(S): 1. V PADMANABHA RAO 2 APHC010175582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 407/2024 Between: The State ...PETITIONER AND Sandepudi Sivakumar ...RESPONDENT Counsel for the Petitioner: 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB Counsel for the Respondent: 1. V PADMANABHA RAO The Court made the following: 3 COMMON ORDER: Criminal Revision Case No. 406 of 2024 has been filed, under Sections 397 and 401 of the Code of Criminal Procedure (for short, 'the Cr.P.C.'), by the petitioner-investigating officer against the order dated 04-03-2024 in Criminal M.P.No. 485 of 2023 in Crime No. 03/RCO-ACB-NLR/2022 of ACB Nellore Range on the file of the Court of learned Special Jude for SPE & ACB Cases – cum – II Additional District and Sessions Judge, Nellore (for short, 'the learned trial Court'), whereby and whereunder the above miscellaneous petition, filed by the petitioner-investigating officer, under Section 451 of 'the Cr.P.C.', seeking for sale and disposal of petition mentioned household articles, was dismissed. 2. Criminal Revision Case No. 407 of 2024 has been filed, under Sections 397 and 401 of the Cr.P.C., by the petitioner-investigating officer against the order dated 04-03-2024 in Criminal M.P.No. 26 of 2024 in Crime No. 03/RCO- ACB-NLR/2022 of ACB Nellore Range on the file of the learned trial Court whereby and whereunder the above miscellaneous petition filed by the respondent-accused No. 6, under Sections 451 and 457 of the Cr.P.C., seeking for interim custody of petition mentioned household articles, pending disposal of the case, was allowed. 3. Since both the criminal revision cases arise out of the same crime, they are heard together and disposed of by way of this common order. 4. Heard both sides. 5. The respondents-accused filed separate counters. 4 6. The learned trial Court allowed Criminal M.P.No. 26 of 2024 returning household articles mentioned in the petition to the interim custody of accused No. 6 on execution of bond for Rs.1,60,000/- with one surety for a like sum to the satisfaction of the learned trial Court. There was a direction further that the property should not be alienated and the physical features of it should not be altered. The articles are 37 in number. They are all household articles. Those articles were seized in the course of investigation from the possession of the respondent-accused No. 6. With regard to ownership of those household articles, there is no dispute. The investigating officer sought for sale of those articles and to deposit that amount with the Court. The crime is of the year 2022. Till now, the police have not filed charge sheet. It takes considerable length of time for completion of trial. Keeping those articles for indefinite period in police station or with the custody of the investigating officer would not serve any purpose. On the other hand, they would be exposed to sunlight, air and also natural decay due to passage of time without putting them to actual use. If that being done, the original value of the property would be diminished. The learned trial Court, having assigned cogent reasons, allowed Criminal M.P.No. 26 of 2024 with certain conditions. This Court is not inclined to interfere with the impugned order. The request of the petitioner is not found convincing and reasonable. However, instead of executing bond for a sum of Rs.1,60,000/- as directed by the learned trial Court, the respondent- accused No. 6 is directed to furnish a bank guarantee for a value of Rs.1,60,000/- for interim custody of household articles at serial Nos. 1 to 37. 5 7. The learned trial Court dismissed Criminal M.P.No. 485 of 2023 filed by the prosecution seeking for sale and disposal of household articles at serial Nos. 38 to 82. According to the learned counsel for both sides, the value of household articles at serial Nos. 38 to 82 is Rs.2,62,800/-. Now, the property is in the custody of the investigating officer. If respondent Nos. 1 to 5-accused intend to take the household articles mentioned at serial Nos. 38 to 82 for interim custody, they can do so by furnishing a fixed deposit for their actual value of Rs.2,62,800/-. 8. With the above direction and observation, both the criminal revision cases are disposed of. Pending miscellaneous applications, if any, shall stand disposed of in consequence. No order as to costs. _______________________ Dr. Y.LAKSHMANA RAO, J. Date: 10-10-2025, JSK 6 HONOURABLE Dr. JUSTICE Y.LAKSHMANA RAO CRIMINAL REVISION CASE Nos. 406 & 407 OF 2024 DATE: 10-10-2025 JSK