K. Goudappa vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Cheekati Manavendranath Roy
Listed On:
24 Jun 2021
Original Order Copy
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Order Text
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.10697 of 2021
ORDER:
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents.
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The record reveals that a case in Crime No.65 of 2021 was registered on 07.04.2021 by the Kalyanadurgam Rural Police, Ananthapuramu District, for the offence punishable under Section 304-A of IPC, against the petitioner. In connection with the said crime, police have seized Bore-well lorry bearing registration No.KA01MU 3645. The said vehicle is in the custody of the police.
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The petitioner, who is claiming to be the owner of the said vehicle, filed a petition under Section 451 Cr.P.C. before the learned Magistrate seeking interim custody of the said vehicle. However, surprisingly, the said petition was returned by the learned Magistrate as per his return order, dated 15.05.2021. The said order reads as follows:
"In 304(A) I.P.C. case vehicle cannot be released. Hence, petition is returned."
The said order returning the said petition is ex facie illegal. Firstly, the learned Magistrate cannot return the petition on the said ground. He has to first register the said petition and hear the petitioner and the prosecution and then pass an order whether the interim custody of the said vehicle can be ordered or not. Further, there is no law stating that the vehicle cannot
be released in the case registered for the offence punishable under Section 304-A of IPC.
- Therefore, in the said facts and circumstances of the case, the impugned order, dated 15.05.2021, returning the petition filed under Section 451 Cr.P.C. on the above ground, is hereby set aside. The learned Magistrate is directed to immediately register the said petition, if it is otherwise in order, and then hear the petitioner and the prosecution and dispose of the said petition within one week from the date of receipt of a copy of this order or from the date on which a copy of this order is produced by the petitioner before the said Court, whichever is earlier, by passing an appropriate order according to law in the said petition.
- The Writ Petition is disposed of accordingly. No costs.
Consequently, miscellaneous applications, pending if any, shall also stand closed.
JUSTICE CHEEKATI MANAVENDRANATH ROY Date:24.06.2021. Note: Issue C.C. by 26-06-2021. B/O
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