The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash and set aside the orders in Crl.MP No. 1 183 of 2025 in Crime No. 146 of 2025 dated 30/06/2025 on the file of I Addl. Junior Civil Judge- Cum-Xll Addl Judicial Magistrate of First Class, Medchal-Malkajg iri District, Kukatpally. l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased passed to grant interim custody of the vehicle in favour of the petitioner on the file of lAdd Junior Civil Judge-Cum-Xll Addl Judicial Magistrate of First Class, Medchal-Malkajgiri District, Kukatpally in Crime No 14612025. CRIMI NA L PET ITION NO: 9200 0 F 2025 Between: Gujjari Sai Shiva. S/o Gujjari. Jagadeeshwar, Age 33 year; Occ Business. R/o 55,:":3,,.'3iir3,Y,','#{ir"d;;;-i""P;j;; ilSspitar'rioi,r- cnziili,""i,e,, AND . . petitioner/Accused Telangana, Hyderalao. 1 The State of Telanga_n-a, Rep. by the public prosecutor H gh Court of 2. Abhilash Munuoala S/o Krishna Rao, Aged 35 years. Occ Busrness, R/o plot No 92 Abvudh-av, r.lasar.. B;hin;Vsi,;r,;il;tre Gandir)ot Vanastha lipu ram, RR Dist ... Respondents Petition under Section.52B of BNSS praying that rn the circumstances stated in the Memorandum of Groundr ot crir-'n'rieetition, the Hrgh court may -rup be preased to set aside the orders i" cir 'i*iilr r.r". slo otzozs in crime No .r46 of 2025 dated 30-06-2025 on fire or r nair civir Jurige- cum- x, Addr Masistrate of Flrst class Medchairta"ri"lgiri Districr Kukatpaly and be Jfl:g -the l.A. NO: 1 oF 2025 Petition under Section.52g of BNSS praying that in the crrcumstances stated in the Memorandum of Groundror criI.,,,i'r'i petition, ,rer rirgfi court may be pleased to stay all further proceedings to orders in crl. Mp No. 596 of 2025 in crime No 146 ot 202s oated go-06-"2ois 1ni' oiru"tions rray be passed to surrender the vehicre before the nonore- couJo"ro* on the fire of l Addr. Junior !;:lijiti;;,i,#-xrr Addr .iuoicrat vas-isi.t" "iii*t crass, rr4e,Jchar- il'uriljsi,i These petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon he-aring the arguments of sri s Viprav simha Reddy, Advocate for the petitioner and tie Mr. Jithender Rao veeramara Additional public prosecutor on behalf of the Respondent No.1 The Court made the following: ORDER THE HONOURABT E SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION Nos.9146 and 9200 OF 2025 COMMO ORDER Since the petitioners in both Criminal Petitions are the same individuals, these petitions are being heard and disposed of together through this common order.

2. These Criminal Petitions are filed under Section 528 of the Bltaratja Nagarik Saraktha Sanhita, 202) (herenafter 'the BNSS), seeking quashment of the proceedings and set aside the orden dated

30.06.2025 passed in Crl.M.P. Nos. 595 and t183 of 2025 in Crime No. 146 of 2025; and to issue appropriate directions to the de facto complainant/respondent No. 2 for the surrender of the subject vehicle before the leamed I Additional Junior Gvil Judge-cum-Kl Additional Judicial Magistrate of Fint Class, Medchal-Malk jgiri District at Kukatpally. l. I have heard 1t[r.S.Viplav Simha Reddy, leamed counsel for the petitioner, MrJithender Rao Veeramalla, leamed Additional Public Prosecutor appearing for the respondent No.1-State. 2 4 The relevant facts, in brief, are as that the vehicle in question, which was seized in connection with the present crirre, was granted interim custodl, to the de facto complainant,/resoondent No. 2 pursuant to the trial Clurt allowing his petition. Si;-r-..ultaneous[y, the trial C-ourt dismissed the petition filed by the p<'titioner/accused, observing that the petitioner had failed to producc aoy documentary evidence establishing a legal right or entitlemen: to the vehicle. Aggrieved by the said orders, the petitioner has filed the present Criminal Petitions seeking to set aside the order qranting interim custody favour of the de facto complainant/rcsr:ondent No. 2, and to secure intenm custodyof the vehicle in his cvm favour.

5. I have pemsed the materials on record.

6. fu per the record, the vehicle in question was allegedly seized from the possession of the petitioner/accused ln both Criminal Petitions, the documentaqy evidence, including th: RC, does not indicate that the petitioner holds any legal title ol ,)wnership over the said vehicle. There is no mater-ial on record estrblishing a prima facie proprietary interest in the vehicle on the paft cf the petitioner. )

7. Upon consideration of the facts, it is noted that the Registration Crrtificate (RC), particularly as reflected in Form-24, records the name of the de facto complainant (respondent No. 2 in Crl.P. Nos. 9146 and 9200 of 2025) as the registered owner of the vehicle. In light of this, the rial Courr's decision to granr interim custody of the vehicle to respondent No. 2 appears reasonable and Iegally justified.

8. Accordingly, the findings rendered by the trial Court GI.M.P. Nos. 1183 and 596 of zOzS are found to be legally sound and proper. Consequently, the contentioru raised by the petitioner lack merit and do not walrant interference bythis C,ourt. 9 Accordingly, these criminal petitions are liable to be dismissed. Pending miscellaneous applications, rt any,shall stand closed. SD/. MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPY// s CTION OFFICER To, Class, fVledchal-Malkajgiri District, Kukatpally.

1. The I Addl. Junior civil Judge-cum-Xll Addr Judiciar Magistrate of First 2 Two ccs to the pubric Frosecutor, state oi T"iungrnr, High court Buirdings, ? 9n" CC to Sri S Viptav Simha Reddy, Advocate IOPUC] 4. Two CD Copies at Hyderabad (OUT) t- tfu1 DL/PSL HIGH COURT DATED:2310712025 I COMMON ORDER CRIMINAL PETITION Nos: 9146 and 9200 OF 2025 Lt! .:.. ,'/.i* ', ?" : o U ( \, t 15 tl0v 7015 pnTC r"i frO a DISMISSING THE CRIMINAL PETITIONS 1 \ n>