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2025 DAILYLAW 8000 (AP)

BANGARU LAKSHMI v. THE STATE OF ANDHRA PRADESH

CRLRC/221/2025 · 2025-03-13

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE zcl r tsi PRESENT ^ HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 221 OF 2025 Revision filed under Sections 438 & 442 of BNSS, against the order dated 20.09.2024 passed in Crl.M.P.No.381/2024 in the Court of Special Judge under N.D.P.S. Act-cum-l Additional District and Sessions Judge, Eluru, West Godavari District. Between: Bangaru Lakshmi, W/o. Bangaru Sampath Kumar, R/o.H.No.17-18-8/4, Penthukostu Church, 2"'^ Division, Eluru, Eluru District. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P, Amaravathi, Through SHO, SEB, Bhimadole Police Station. 2. Mandapati Jeevan Kumar, S/o. Srinu, Age 19 years, R/o. BC Colony, Bhimadole Village and Mandal, Eluru District. 3. Dathi Chandu, S/o. D.Srinu, Age 24 years, R/o. Bhimadole Village and Mandal, Eluru District. ...RESPONDENTS/COMPLAINANT > 4 : SRI J RAVI KUMAR Counsel for the Petitioner : PUBLIC PROSECUTOR Counsel for Respondent No.1 Counsel for Respondent Nos.2 & 3: NONE APPEARED The Court made the following ORDER : 1 APHC010083842025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 221/2025 [3396] Between: 1.BANGARU LAKSHMI, W/0 BANGARU SAMPATH KUMAR, PENTHUKOSTU R/0 H.NO.17-18-8/4, DIVISION,ELURU,ELURUDIstRICT. CHURCH, 2ND ...PETITIONER jAND 1.THE STATE OF ANDHRA PRADESH, REP PROSECUTOR, HIGH COURT OF A.P, AMARAVATHI, THROUGH SHO.SEB, BHIMADOLE POLICE STATION 2.MANDAPATI JEEVAN KUMA^, S/0 SRINU, AGE 19YRS, R/0 BC COLONY, BHIMADOLE VILLAGE AND MANDAL, ELURU DISTRICT. 3.DATHI CHANDU, S/0 D.SRINU VILLAGE AND MANDAL, ELURU DISTRICT. BY ITS PUBLIC AGE 24YRS, R/0 BHIMADOLE ...RESPONDENT(S): Counsel for the Petitioner: 1.J RAVI KUMAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: JUDGMENT: The instant Criminal Revision Case under Sections 438 and 442 of Bharatiya Nagrik Suraksha Sanhita has been filed, by the Petitioner, seeking to relax the conditions imposed in Crl.M.P.No.381 of 2024, dated 20.09.2024 ^ * on the file of the Court of Special Judge under NDPS Act-cum-l Additional District and Sessions Judge, West Godavari, Eluru. 2. Heard Sri J.Ravi Kumar, learned counsel for the Revision Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent. 3. Learned counsel for the Revision Petitioner would submit that the Petitioner is a third party, who is no way connected to the alleged crime and her vehicle was taken away by the alleged Accused, who involved in Crime No.63 of 2024 of Special Enforcement Bureau, Bhimadole, which registered for the offence under Section 8(c) read with 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel would further submit that the Petitioner has moved a petition before the Special Court vide Crl.M.P.No.381 of 2024 under Section 457 Cr.P.C seeking return of the vehicle pending disposal of the crime. The learned Special Judge allowed the said petition with the condition to execute a personal bond for Rs.1,30,000/- with bank guarantee to be submitted at the time of release of the vehicle. Learned counsel would submit that, this condition may be modified to the extent of furnishing sureties for Rs.75,000/-. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. was 4. 5. Considering the submissions made, the Criminal Revision Case is partly allowed and the condition of furnishing bank guarantee of Rs.1,30,000/- is modified directing the Petitioner to execute a personal bond for Rs.75,000/- with two sureties for the like sum each to the satisfaction of the learned Special Judge. Except this, the remaining conditions in the impugned Order SD/- V.DIWAKAR deputy register hold good. //TRUE COPY// SECTION OFFICER To -I Additional District and The Special Judge under N.D.P.S. Act-cum Sessions Judge 2. The Station House Officer, Police Station, Eluru District. 1. Eluru, West Godavari District. Special Enforcement Bureau, Bhimadole 3. One CC to Sri J Ravi Kunnar, Advocate [OPUC] Prosecutor, High Court of Andhra Pradesh, 4. Two CCs to the Public Amaravathi [OUT] 5. The Section Officer, Criminal Section, Amaravathi High Court of Andhra Pradesh at 6. Three CD Copies TK TAG HIGH COURT DATED: 13/03/2025 ORDER X 2 7 MAR 2075 CRLRC.No.221 of 2025 o » ^ . Current Section ALLOWING THE CRIMINAL REVISION CASE IN PART