The High Court · 2025

'I . The State of Telangana, Rep by its Public Prosecutor High Court Judicature At Hyderabad, Representing through the Station House officer Police Station, Begum Bazar.

2. Smt Ganja Venkata Ramani, Wo Ganja Balasubramanyam, Aged about 44 years, Occ Business, Rl/o Plot No. 83, H. No. 2-81l9/1 , Dwarakanagar Colony, Chengicherla, Boduppal, Medipally (M), Medchal -Malkajgiri Districf. 3. Mr. Vinod (Not available), (Details not mentioned in CC and tA order) 4. Mr. Ajay Kumar Pal, S/o Parshuram Pal, Aged about 30 years, Occ Pvt. Employee, Rl/o Renuka Packaging, Ramreddy Nagar, Jeedimetta, Hyderabad District

5. Mr, Tapas Kumar Das @ Munna, S/o Niranjan Das, Aged about 28 Years, Occ Pvt. Employee, R/o Renuka Packaging, Ramreddy Nagar, Jeedimetla, Hyderabad District.

6. Mr. Mortha Dhan Raj, S/o Dhanakasulu, Aged about 35 years, Occ Pvt. Employee, Rl/o Plot No. 40, Chinna Cherlapally Village, Kapra Mandal, Medchal - Malkajgiri District. 7 Mr- Puma Chandra Pal @ Puma, S/o Sadanan Pal, Aged about 33 years, Occ Pvt. Employee, Rl/o Plot No. zl0, Chinna Chedapally Village, Kapra Mandal, Medchal - Malkajgiri District.

8. Mr. tvl. Ramaraju, S/o Suryanarayana Raju, Aged about 44 years, Occ Pvt. Employee, Ri,/o H. No.37, Charlapally, Medchal - Malkajgiri District. (No. 3 to 8 are the pro-forma parties)

9. Mr. Ganja Balasubramanyam, Sio G.T. Rao, Aged about 52 years, Occ Businesi, Rl/o H. No. 2-811911, Dwarakanagar, Chengicherl r, Medipally Mandal, Medchal - Malkaigiri District ...RESPONDEI{ T/COMPLAINANT Petition under Section 528 of BNSS praying that in lre circumstances stated in the Memorandum of Grounds of Criminal Petition, tr: High Court may be pleased to Quashs/ set aside the warrant dated 15.02.202 5 in pursuance of the Order dated 22.04 2024 in Crl. MP No. 1BO of 2O24 (Crl Mt No. 1OB ot 2024) in CC No. 1786 of 2023 on the file of the lll Addl. Junior Civil J rdge cum lll Addl. Judicial Magistrate of First Class, at Kushaiguda and conseque ntly direct the trail court to dispose of the Crl MP No. 180 of 2024 on merits by g i ,ing opportunity to all the parties l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in he circumstances stated in the Memorandum of Grounds of Criminal Petition,ll e High Court may be pleased to suspend the order daled 22.04.2024 in Crl. [\lt ) No. 18O of 2024 (Crl MP No. 108 of 2024) in CC No. 1786 of 2O23 on the ti e of the lll Addl. Junior Civil Judge cum lll Addl. Judicial Magistrate of First Clir s, at Kushaiguda This Petition coming on for hearing,upon perusing th: Memorandum of Grounds of Criminal Petition and upon hearing the arg Jments of Sri D RAGHAVULU ,Advocate for the Petitioner and Sri Rudrer;l Deshpande Asst Public Prosecutor on behalf of the Respondent No1. and rrr ne appear for the Respondents No 2 to 9. The Court made the following: ORDER @T- ? THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.29 89 0F 2025 ORDER: This criminal petition is filed by the petitioner/Accused No.l under Section528oftheB.N'S.S.,seekingtosetasidethe''varrantdated I5.O2.2O2S,issuedinpursuanceoftheorderdated22'04'2024in Crl.M.P. No.lBO of 2024 (Cr1.M.P. No'108 of 20241 in C C' No'1786 ol 2023, on the lile of the III Additional Junior civil Judge-cum-lll Additionat J ucliciat Magistrate of First Class at Kushaiguda The petitioner further seeks a direction to the trial Court to dispose of Crl.M.P.No-l8oof2024onmerits,afteraffordinganopportunitl.toall thc pa|ttcs. l-eztrnecl counsel for the petitioner submits that the petitioner

2. Iras been arraved as Accused No.1 in c.c. No. 1786 of 2023, pcnding orl rhe tile ol the lt Additional Junior civil Judge-cum-[l Addition:rl Merropolitan Magisrrate, FAC III Additional Junior civit .Judge cr-rm-lll Aclclition:rt .Jr-rdiciat Magistrate of First class at Kushaigucla. The case has beerr rcgistered under Sections 448, 42O, 506, and 379 of the IPC' Alter completiorr of the investigation, the 1st respondent/ police liled a clrirrge shc-ct in c.c. No.1786 of 2023. He further submits that during the pendenc-r' of the .trial, the defacto complainant liled crl.M.P. No.180 of 2024 seeking interim custody of the case propert-\', namell': 2

1. Pouch making machine, Model AS- 1OO (oral3:, blue, and white in colour),

2. Panel board of the above machine (white), 3. Pouch making machine, Model AD-6OO (white 4. Panel board of the second pouch making n colour), and nachine (white in colour).

3. The learncd trial Court, relying on thc judgment of the Honble Supreme Court in the case of Sunderbhal Ambalql u Stdte of Gujarathr, granted interim custody cl the case propertl' to the petitioncr thcrciu, subiect to the followirI conditions "i) The pelittctrte.r shaLl execute a personal bonc -for Rs.1,OO'OO0/ - ttith one surett!. ii) Further the' petitioner shall giue undert fting affidauit stating that tht: pet iorter shall produce the <t .se propertg as and wherr rt:quirecl ltq llris court as it is. iii) The petitiorter shttll l.alte the pl'atogralt s of the case propertq ontl .lilt' thc satrte aLong u'ittr the t'-gatiues before this Court . iu) lt ts fuflhc'r clirectctl ttte petitioner shall nt t alienate, alter or subjectert to enl:untbrencc pending dispo :al of the main case. " Learned <:ot-tttscl for- tl-tc petitioner submitr; that no opportunirv 4. was givcn to Llri' pctitiottt't-. s lto has been arra)'c ( as Accused No. 1 Ln the said casc, (':l( cr[)[ for it tttcrc st?rtement that t]l : Iearned counsel fcr the respondctrt,/u rccuscci hacl lrcen heard. The cas ] carne up before tlre learned trial Cor,rrt on 22.O4.'2024, during whicl the presence ol t re ' zoo:(t)nro cnr g 3 counsel for the respondent was recorded, and the impugned order was passed. He further submits that no opportunity was afforded to the counsel on record for the petitioner/Al to make submissions in Crl.M.P. No.180 of 2024. Hence, he seeks to set aside the impugned order and to remand the matter back to the learned trial Court, with a direction to afford sufficient opportunity to the petitioner to make submissions on the merits of the case. ( t

5. On the other hand, the learned Assistalt Public Prosecutor appearing for the [ "' respondent/ police, upon instructions, submits that it is not the case of the petitioner that his counsel was not present when the order was pronounced. Furthermore, it has been recorded in the impugned order that the counsel for the petitioner rvas indeed present. Therefore, he submits tl.at interference by this Court is unwarranted and seeks dismissal of the petition.

6. Having heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the lst respondent/ police, this Court is o[ the considered opinion that the learned trial Court passed the impugned order based on the judgment of the Honble Supreme Court in Sunderbhal Ambalal a, State oJ GuJarath (supra), and recorded its findings to release the case property for interim custody to the petitioner/ orvner of the property, while safeguarding the interests 4 of all concerned parties. The order of the trial Cour, is rvell-reasoned and well-founded.

7. In view of the above discussion, this Court r[ res not find any reason to interfere with the findings of the trial Cour, Accordingly, the Criminal Petition is liable to be dismissed and is herr by dismissed. As a sequel, any pending miscellaneous petitions r hall also stand dismissed. To, Sd/. S. M6 LLIKARJUNA RAO TANT REGIS //TRUE COPY// 4Q.stq iECTION OFF]CER First Class, at Kushaiguda

1. The lll Addl. Junior civir Judge cum ilr Addr. Jud r iar Magistrate of 2. The station House officer,porice station Keesara, Medct ar Markajgiri District 3. One CC to SRI. D RAGHAVULU Advocate tOpUiI 4. Two CC to SRt PUBLIC PROSECUTOR Advocate [OtJ I 5. Two CD Copies AG/kam $ HIGH COURT DATED:2810812025 ORDER CRLP.No.2989 of 2025 ii SIr I6 \l ( Ok u 1i lil?,6 z c) I t Dr S :rTC' a CRLP IS DISMISSED d)-t',..' J' \ rr\ '',,\ '50