An owner is entitled to interim custody of the seized vehicle upon furnishing proof of ownership.

l32s1l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 369 OF 2n23 Between:

Abdul Khan, Sio. Azeez Khan, Age. 28 years, Occ. Business, R/o. H.No.2- 8/2, Muslimwada, Mahagaom, Bamabara, Kumram Bheem- Asifabad District Telangana-504295 ...PETITIONERYOWNER OF PROPERTY AND The State of Telangana, through P.S., Rajendranagar, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad ...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass orders directing the Hono'ble Xl Addl. Metropolitan Magistrate at Ra.jendranagar to release the vehicle and to handover the interim custody of the Goods Carriage -MMV EICHER VAN bearing No.TS-20-T-6884, Model No.212021 Eng. No.E446CDMB013070, Chassis No.MC2ERLRCOMB187033 seized by the Police Rajendranagar in respect of Crime No.176612022 by setting aside orders dared 21112/2022 passed in Crl.M.P. No.1327 o'f 2022 in Crime No.1766 of 2022 of P.S. Rajendranagr.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Venkataiah, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Sole Respondent. The Court made the following: ORDER Crl.Petition No.369 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRTMINAL PETITION No.369 OF 2023 ORD ER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioner to direct the XI Additionat Metropolitan Magistrate at Rajendranagar to release the vehicle and to handover the interim custody of the -

Goods Carriage MMV EICHER VAN bearing No.TS-20-T-6884, Model No.212021, Eng.No.E446CDMB013070, Chassis No.MC2ERLRCOMB187033 seized by the Police Rajendranagar in respect of Crime No. 1766 of 2022 by setting aside the order dated 21.72.2022 in Crl.M.P.No.1327 of 2022 in Crime No.i766 of 2022 of I Police Station Rajendranagar. {

2.

l Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.

3.

The petitioner is questioning the order dated 2L.12.2022 in crl.M.P.No.1327 of 2022 passed by the rearned Magistrate refusing

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to grant interim custody of the vehjc[q_gn the ground that the

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Crl.Petition No.369 of 2023 ownership of the said vehicle was not furnished to the Court by filing the orlginal Registration Certificate.

4.

In the event of this petitioner filing certified copy of the registration certificate before the court, the concerned court shall consider releasing the vehicle in favour of this petitioner.

5.

Accordingly, the Criminal Petition is allowed and the order dated 21.12.2022 in Crl.M.P,No.1327 of 2022 passed by the learned Magistrate is hereby set aside.

Miscellaneous applications pending, if any, shall stand closed.

SD/.T.JAYASREE ASSISTA REGISTRAR //TRUE COPY//

SECTION OFFICER \

To, 1. The Xl Additional Metropolitan Magistrate at Rajendranagar at Hyderabad'

2. The Station House Officer Rajendranagar P'S ' 3. One CC to Sri N. Venkataiah, Advocate [OPUC]

4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] 5. Two CD CoPies ab(,/ ,/

HIGH COURT DATED: 1110112023 'o' 1E:L44'

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ORDER CRL.P.No.369 of 2023 DISPOSING OF THE CRIMINAL PETITION I