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2021 Supreme(AP) 446

CHEEKATI MANAVENDRANATH ROY
P. Hussain Chiddu Master – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
B.S. Venkata Ramesh, Advocate

JUDGMENT

Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 482 Cr.P.C. is filed assailing the order dated, 08.01.2021, passed in Crl.M.P. No.129 of 2020 on the file of the I Additional Judicial Magistrate of First Class, Adoni, Kurnool District, whereby learned Magistrate dismissed the petition filed under Section 451 Cr.P.C. seeking interim custody of the property that was seized in Crime No.71 of 2019 of Adoni III Town Police Station, Kurnool District.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent State.

3. This Court is of the considered view that this Criminal Petition can be disposed of on the ground of its maintainability without going into merits of the case. The petitioner challenges the order that was passed by the trial Court in a petition filed under Section 451 Cr.P.C. It is now well settled that an order passed under Section 451 Cr.P.C. is amenable for revisional jurisdiction under Section 397 Cr.P.C. Therefore, when a specific remedy is available to challenge the said order by invoking the revisional jurisdiction under Section 397 Cr.P.C, the petitioner cannot invoke the inherent powers of thi

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