MYADARABOINA SRIKANTH 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 02.02.2021 passed in Crl.M.P.No.9 of 2021 in Crime No.255 of 2020 on the file of the Judicial Magistrate of First Class, Husnabad.

(2.) The facts in issue are that the petitioner is the owner of the Force Motors Limited, Kargo BS III (NA) DI (4x2) bearing No.AP 15 TB 5595 and the said vehicle was seized in Crime No.255 of 2020 of Husnabad Police Station, which was registered for the offence punishable under Section 379 IPC, and the 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.9 of 2020 before the Judicial Magistrate of First Class, Husnabad, seeking interim custody of the vehicle. By an order, dated 02.02.2021, the learned Judge dismissed 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.