IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION No: 1931 OF 2025 Between: Pasam Ravi Kumar, S/o. Venkateswarlu, aged 42 years, R/o. Paparaju thota Chirala Town, New(Baptla) Old Prakasam District. ...PETITIONER / / OWNER / THIRD PARTY AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of A.P., Amaravathi, Guntur (D.T), Pasham Kumar Teja, S/o. Venkateswarlu, aged 32 years R/o. Paparaju thota, Chirala Town, Yarlagadda Ramu, S/o. Nageswara Rao Karamchedu Village and Mandal Praaksam District 2. 3. ...RESPONDENTS / RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the criminal petition by a set aside the order, dated 22-01-2025 in CRP.No.44/2024 in Cr.No.290/2024 on the file of the VIII Additional Sessions Judge, Prakasam Division, Ongole by confirming the order dated 17- 12-2024 in CRL.MP.No.1419/2024 in Cr.No.290/2024 Passed by the Learned the Court of the Additional Judicial Magistrate of I Class cum Additional Junior Civil Judge, Chirala. I This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Pavan Kumar Pasupuleti, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of none appeared for the Respondent Nos.2 & 3. The Court made the following Order: APHC010087802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI rpiMiMAl PFTITION NO: 1931/2025 [3368] Between: ...PETITIONER/ACCUSED Pasam Ravi Kumar AND ...RESPONDENT/COl\/IPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1 .PAVAN KUMAR PASUPULETl Counsel for the Respondent/complainant(S); 1.PUBLIC PROSECUTOR The Court made the following order: This Criminal Petition is filed by the petitioner, under Section 482 of Code of Criminal Procedure, 1973. to quash the order dated 22.01.2025 in CRP No.44 of 2024 and on the file of learned Vlll and Sessions Judge, Ongole wherein the order of Additional Judicial Magistrate of First Class cum Additional Crl.M.P.No.1419 of Additional District the learned Civil Judge, Chirala dated 17.12.2024 in 2024, was confirmed. Junior 2 2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. 3. Learned counsel for the petitioner would submit that the petitioner is a third party to Crime No.290 of 2024 on the file of Chirala I Town Police Station and is the registered owner of the car bearing registration No.AP 39 KF 8291. The Police registered a case for the offences punishable under Sections 103, 238, 303(2) and 3(5) of BNS 2023 against some persons and seized the said vehicle, for the purpose of investigation. The petitioner filed an application before the learned Magistrate under Section 503 of BNSS, 2023 corresponding to Section 451 Cr.P.C., for interim custody of vehicle, being the registered owner of the vehicle. He would submit that the learned Magistrate refused the request of the petitioner on the ground that the case is triable by Court of Sessions. Thereupon, the petitioner filed revision under Section 438 of BNSS, 2023 before the learned Sessions Judge seeking revision of the Order of the learned Magistrate. But the learned Sessions Judge dismissed the revision by confirming the order of the learned Magistrate. He would submit that both the Courts below failed to consider the fact that the petitioner is a third party to the crime and has nothing to do with the offences and is the registered owner of the impugned vehicle. Learned counsel would further submit that in the light of the judgment of the Hon’ble Apex Court in Sunder Bhai 3 Ambalal Desai Vs. State of Gujarat\ the property seized during the investigation, should not be allowed to deteriorate by being kept unused and unattended in the premises of police stations and the vehicle can be entrusted to the interim custody of the petitioner subject to appropriate conditions. Considering the fact that the petitioner is the registered owner of 4. the vehicle and the Courts below did not follow the guidelines laid down by the Hon’ble Apex Court in Sunder Bhai Ambalal Desai Vs. State of Gujarat, this Court is of the considered opinion that it is a fit case to invoke authority of this Court under Section 482 Cr.P.C., to set aside the impugned order. In that view of the matter, the Order dated 22.01.2025 in CRP 5. No.44 of 2024 on the file of learned VIII Additional District and Sessions Judge, Ongole wherein the order of the learned Additional Judicial Magistrate of First Class cum Additional Junior Civil Judge, Chirala dated 17.12.2024 in Crl.M.P.No.1419 of 2024, was confirmed is hereby set aside and the matter is remanded to the learned Additional Judicial Magistrate of First Class-cum-Additional Junior Civil Judge, Chirala to consider the petitioner’s application afresh by hearing both sides and in the light of the judgment of the Hon’ble Apex Court in Sunder Bhai Ambalal Desai Vs. State of Gujarat and dispose of the ^ (2002) 10 see 283 4 same as expeditiously as possible preferably within a period of one (01) week from the date of receipt of copy of the order. 6. Accordingly, the Criminal Petition is disposed of. As a sequel, interlocutory applications stand closed. pending, if any, shall Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// ^ 14- ' SECTION OFFICER To \ 1. The VIII Additional Sessions Judge, Prakasam Division, Ongole 2. The Additional Judicial Magistrate of I Class cum Additional Junior Civil Judge, Chirala. 3. One CC to Sri Pavan Kumar Pasupuleti, Advocate [OPUC] 4. Two CCs to the Public Prosecutor (AP), High Court of A.P. (OUT) 5. Three CD Copies GLM vna HIGH COURT DATED:24/02/2025 ORDER CRLP.No.1931 of 2025 ^ I 1 MAR 2025 I . Current Section 8" DISPOSING THE CRL.P. WITHOUT COSTS.