THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11258 of 2025

ORDER:

This Criminal Petition is filed by the petitioner seeking to set aside the order dated 12.06.2025 in Crl.M.P.No.157 of 2025 in Crime.No.29 of 2025 passed by the learned Sessions Judge, Hyderabad (for short “trial Court”).

2. Heard the submissions of Sri Gangishetty Srinivas, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the petition filed under Section 451 Cr.P.C was dismissed by the trial Court and that they have seized the gold during the course of investigation which may be returned to the petitioner herein who is innocent and is facing false allegations. He therefore, prayed to set aside the Sessions Court orders and prayed to direct the release of seized gold in favour of the petitioner.

4. The learned Additional Public Prosecutor has submitted that the orders passed by the trial Court are well reasoned and hence, prayed to uphold the same.

5. Perused the record.

6. The petition was filed under Section 497 of Cr.P.C and Section 503 of the BNSS seeking to return the petition mentioned gold ornaments. The petitioner is a third party who claims to be the owner of the property. Based on the confession statements of accused Nos.1 and 2 and the statements of victims, the gold ornaments were identified to be purchased by accused Nos.1 and 2 with the amounts of deposit collected by them from the victims and thus, during the course of investigation, the said ornaments were seized from Vardhaman Jewellers, Sanath Nagar, Hyderabad. The petitioner herein is a Proprietor of Vardhaman Jewellers, the allegation is that the ornament seized from the petitioner’s shop are alleged to have been purchased with the amounts of the deposits collected from the victims. The petitioner is facing allegations under Sections 316(2), 318(4) of BNS and Section 5 of TSPDFE Act. Hence, the trial Court was right in dismissing the application filed by the petitioner to release the property in favour of the petitioner. The offence is of serious in nature and still the investigation is in progress. The ownership of the articles and the mode of acquiring the said property is yet to be ascertained. Therefore, the said gold cannot be returned to the petitioner at this juncture. Hence, there is no infirmity in the orders passed by the trial Court, therefore, the same is upheld.

7. In the result, the Criminal Petition is dismissed.

Miscellaneous applications pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA

Date: 12.09.2025

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