Andhra Pradesh High Court - Amravati
K R Kumar Reddy vs State Of Ap on 30 July, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No.1745 of 2021
ORDER:
This Criminal Petition under Section 482 Cr.P.C. is filed questioning the order, dated 03.03.2021, passed in Crl.M.P.No.69 of 2021 on the file of the Judicial Magistrate of First Class, Vayalpad, dismissing the petition filed under Section 451 Cr.P.C. relating to interim custody of the vehicle that was seized in Crime No.15 of 2021 of Kalikiri Police Station.
2) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the 1st respondent State.
3) This Criminal Petition can be disposed of on the ground of its maintainability.
4) It is well settled law that an order passed under Section 451 Cr.P.C relating to interim custody of the vehicle is amenable for revisional jurisdiction under Section 397(1) Cr.P.C. It is not an interlocutory order to attract the bar under Section 397(2) Cr.P.C. This Court in Criminal Petition No.3610 of 2021, dated 06.07.2021, clearly held while relying on the earlier judgment of this Court in the case of Bharat Heavy Electricals Ltd. v. State1 that revision under Section 397(1) Cr.P.C lies against the order passed under Section 451 Cr.P.C. Relying on the said judgment of this Court in Bharat Heavy Electricals Ltd1, the Madras High Court in S.V.Chandran v. State2 also clearly held that revision 1 1981 CriLJ 1529 2 Order dated 17.12.2018 in Crl.R.C.No.1217 of 2018 of Madras High Court. against the order passed under Section 451 Cr.P.C is maintainable under Section 397 Cr.P.C. Therefore, when specific remedy is available under Section 397(1) Cr.P.C to challenge the impugned order by an aggrieved party, the petitioner cannot invoke the inherent powers of this Court under Section 482 Cr.P.C.
5) Therefore, this Criminal Petition is dismissed as not maintainable. However, the petitioner is at liberty to file revision under Section 397(1) Cr.P.C against the impugned order, dated 03.03.2021, passed in Crl.M.P.No.69 of 2021 on the file of the learned Judicial Magistrate of First Class, Vayalpad.
Consequently, miscellaneous applications, pending if any, shall also stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 30.07.2021.
Note:
Registry is directed to return the certified copy of the impugned order to the petitioner, so as to enable him to prefer revision. B/O cs