THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9806 OF 2025 ORDER:-

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) by the petitioner seeking a direction to the IV Additional Junior Civil Judge- cum-XV Additional Metropolitan Magistrate, Medchal-Malkajgiri District at Kukatpally for considering and adjudicating the Crl.M.P.Sr.No.1408 of 2025 in Crime No.1057 of 2024.

2. Heard Ms. Samhitha Devara, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, learned counsel for respondent No.1-State.

3. Learned counsel for the petitioner submits that, during the course of investigation into the crime in question, the police seized the properties described in the petition from the petitioner/accused and produced them before the learned Magistrate. Subsequently, the charge sheet was filed; however, the numbering of the calendar case is still pending. At that stage, the petitioner filed Crl.M.P. SR No. 1408 of 2025 under Sections 451 and 457 of the Code of Criminal Procedure, 1973, seeking interim custody of the seized properties. The trial Court assigned an SR number to the petition but kept it pending on the ground that the charge sheet had not yet been taken on file. Learned counsel contends that the continued retention of the subject properties by the police is causing severe hardship to the petitioner.

4. The learned Additional Public Prosecutor, on the other hand, submits that since the seized material has been produced before the learned Magistrate, it is for the trial Court to take an appropriate decision regarding the disposal or custody of such material.

5. I have perused the material on record.

6. Having considered the submissions of the learned counsel for the petitioner, and noting that the Crl.M.P. is already filed and is pending before the trial Court and the due procedure contemplates that once property is seized, irrespective of whether it has yet been formally produced before the Magistrate or otherwise the Magistrate has the jurisdiction to entertain and decide an application under the relevant provisions of law. Accordingly, this Criminal Petition is disposed of with a direction to the learned IV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Medchal- Malkajgiri District, at Kukatpally, to take Crl.M.P. SR No. 1408 of 2025 on file and to pass appropriate orders thereon at the earliest, and preferably within a period of two (02) weeks from the date of receipt of a copy of this order.

As a sequel thereto, the miscellaneous petitions, if any, pending shall closed.

_______________ N.TUKARAMJI, J Date: 04.08.2025

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