Andhra Pradesh High Court - Amravati
Cheekireddy Srilakshmi vs Duddukuru Lakshmi Parvathi on 6 February, 2024
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No.9667 OF 2018
ORDER:
The present criminal petition is filed seeking to modify the order dated 10.04.2018 passed in C.R.P.No.82 of 2017 on the file of the learned I Additional Sessions Judge, Nellore, which was filed against the order dated 07.08.2017 passed in Crl.M.P.No.1533 of 2017 on the file of the learned II Additional Judicial Magistrate of First Class, Nellore.
2. Brief facts of the case are as follows:
(a) The petitioner approached the 1st respondent/accused for medical seat to her daughter. The 1 st respondent/accused with deceitful words received Rs.17,50,000/-, but did not arrange the seat and on repeated requests and demands, the 1st respondent/accused paid an amount of Rs.3,00,000/- to the petitioner and thereby grossly failed to return the balance amount of Rs.14,50,000/-
(b) Later on 14.03.2015, police arrested the 1st respondent/accused and recovered an amount of Rs.66.00 lakhs from her and on 12.11.2016, police deposited the said amount 2 before the Court below vide C.P.R.No.56 of 2016, in which the petitioner's amount also included.
(c) When things stood thus, the petitioner filed Crl.M.P.No.1533 of 2017 on the file of the learned II Additional Judicial Magistrate of First Class, Nellore, praying to release an amount of Rs.14,50,000/- from the account of the lower Court.
(d) Learned Magistrate allowed the same, with a direction to the petitioner to execute a bond for an amount of Rs.4,25,000/- with single surety for a like sum, with a condition that the petitioner shall deposit sale deeds of the property and also shall produce the cash at the time of the trial.
(e) Aggrieved by the same, the petitioner filed C.R.P.No.82 of 2017 on the file of the learned I Additional Sessions Judge, Nellore. Learned Sessions Judge by an order dated 10.04.2018, modified the order to the extent that, instead of petitioner, the person giving surety should deposit the title deeds.
3. Aggrieved by the same, the present criminal petition is filed seeking to relax "the condition of depositing the title deeds of surety" passed in C.R.P.No.82 of 201,7 dated 10.04.2018. 3
4. On perusal of the material available on record, it is an admitted fact that the amount belongs to the petitioner. As the amount belongs to the petitioner, there is no requirement of depositing of title deeds.
5. Hence, the condition is relaxed and the order of the learned I Additional Sessions Judge, Nellore, is hereby modified and the petitioner is directed to execute a self bond for an amount of Rs.4,25,000/- along with one surety.
6. Accordingly, the Criminal Petition is allowed.
As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:06.02.2024 KBN 4 46 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO CRIMINAL PETITION No.9667 OF 2018 Date:06.02.2024 KBN