THALLAM RAMULU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 12.11.2016 passed by the Sub-Divisional Magistrate-cum-Revenue Divisional Officer, Malkajgiri Division, Medchal-Malkajgiri District, in purported exercise of power under Section 133 CrPC. By the said order, the house property of the petitioner situated at H.No.2-22-253, Telangana Gramina Bank Apartment, 3rd floor, Bhagyanagar Colony, Kukatpally, was seized.

(2.) Perusal of Section 133 CrPC demonstrates that no power of seizure can be exercised thereunder in relation to an immovable property.

(3.) Learned Assistant Government Pleader for Revenue fairly concedes this position but states that the authorities could have taken recourse to the provisions of the Immoral Traffic (Prevention) Act, 1956 as a case was registered under the said Act in relation to the petitioner s property.