PALLERLA BIXAPATHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. questioning the order, dated 03.11.2020 passed in Crl.M.P.No.227 of 2020 in Crime No.223 of 2020 on the file of the Principal Judicial First Class Magistrate at Bhongir.

(2.) The facts in issue are that the petitioner is the owner of the Auto Rickshaw bearing No.TS 03 UB 5298 and the said vehicle was seized in Crime No.223 of 2020 of Bhongir Rural Police Station, which was registered for the offence punishable under Section 380 I.P.C., and the (same is deposited before the Court) said vehicle was kept in the police station. During the pendency of investigation, the petitioner, claiming to be the owner of the said vehicle, filed Crl.M.P.No.227 of 2020 before the Principal Judicial First Class magistrate at Bhongir., seeking interim custody of the vehicle. By an order, dated 03.11.2020, the learned Judge rejected the application. Challenging the same the present revision is filed.

(3.) Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged, if it is kept exposed to vagaries of nature at the premises of Police Station and hence seeks interim custody of the vehicle.