LAWS(APH)-2001-2-27

A YADAIAH GOUD Vs. STATE OF A P

Decided On February 22, 2001
A.YADAIAH GOUD Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Both these petitions relate to interim custody of the lorry bearing No. A.P. 09 U 5569 pending disposal of Calendar Case No. 87 of 2001 pending on the file of the VI Metropolitan Magistrate, Hyderabad. Hence, they are disposed of by this common order.

(2.) The petitioner (Smt. P. Chandrakala) in Crl.R.C.No. 1353 of 2000 is the de facto Complainant in the said Calendar Case. On the complaint given by her, the said lorry was seized and it is now in the Police custody. Smt. P. Chandrakala filed Crl.M.P.No. 4797 of 2000 before the VI Metropolitan Magistrate, Hyderabad, seeking interim custody of the said vehicle. Similar petition in Crl.M.P.No. 4990 of 2000 was also filed by Sri A. Yadaiah Goud, petitioner in Crl.R.C.No. 1307 of 2000 before the said Court.

(3.) Undisputedly the vehicle was seized from Sri A. Yadaiah Goud,who is now in possession of the documents relating to the ownership of the said vehicle. The learned Metropolitan Magistrate dismissed both the Crl.M.Ps., by two separate orders stating that since there are rival claims regarding the ownership of the said vehicle, it cannot be released pending trial. Aggrieved by the said orders, these two Revisions are filed.