The High Court · 2025

The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad. Through SHO, Vemulawada Town P.S, Rajanna Sircilla District. ..Resp6ndents/Complainant Petition under Section 482 of Cr.P.C r/w. Secu ndera bad.528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased quash set aside the proceedings crl.tr/.P.No.63 of 2024, in C C.No.770 of 2023, dated 29.04.2024, on the file of the Judicial Magistrate of First Class at Vemulawada, consequential relief of release the vehicle Swaraj Tractor bearing Registration No.AP-25R-g46g and Trolley bearing No.AP- 1 5-TC-3488, pending this criminal petition as per G.O. and to set aside the confiscation order by the Judicial Magistrate of First Class at Vemulawada or authorities concerned in the interest of justice. l.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C R/w. Secu nderabad.528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the learned Judicial Magistrate of First Class at Vemulawada to release the petitioner's Swara.i Tractor bearing Registration No. AP-25R-9469 & Trolley r:aring No.AP-15-TC- 3488, in the interest ol justice, pending disposal of the abo,/ r Criminal Petition. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Ms MAHALAKSHIMI KANDAKURI, Advocate for the P::itioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecuts' on behalf of the Respondent. The Court made the following: ORDER I 1i l; l: i I i i I I t t I I ! I I i i I ! i I I ! i I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE IIONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.17490 of 2025 Date:24.12.2025 Between: Anumula Balaiah AND ...Petitioner The State ofTelangana, Rep. by its Public Prosecutor, High Court for State of Telangana, at Hyderabad, Through SHO, Vemulawada Town P.S., Rajanna Sircilla District. ..Respondent ORDER This Criminal Petition has been filed aggrieved by the order passed by the leamed Judicial Magistrate of First Class at Vemulawada in Crl.M.P.No.63 of 2024 in C.C.No.770 ol 2023, dated 29.04.2024 rejecting the application filed by the petitioner seeking interim custody of vehicles i.e., Tractor (Swaraj) bearing Registration No.AP-25-R-9469 and Trailor bearing Registration No.AP-15-TC-3488 2 2 Heard Ms.K.Maha Lakshmi, learned counsel f .r . the petitioner and Mr.Jithendar Rao Veeramalla, leamed Ar r itional public Prosecutor for the respondent. 3- Learned counsel for the petitioner submitted that rre petitioner is the owner of the vehiclcs, namely Tractor (l; varaj) bearing Registration No. AP-25-R-9469 and. 'frailer bearir g Registration No.AP-15-TC-3488, and the said vehicles were seized ,y the police in Crime No.485 o12023 on the ground that the petitioner.,; vehicles were involved in thc olfences under Section 379 of the rt c and section 2l$) of the Mines and Minerals (Development and Il :gulation) Act,

1957. He further submitted that the petitioncr has fite .r an application in Crl.M.P.No.63 of 2024 in C.C.No.770 of 2023 sreking interim custody of the vehicles. f{owever, the leamed Mag i ;trate, without properly considering the averments made by the petif tc ner, dismissed the said application by order dated,29.04.2024.

4. He further submitted that the petitioner is eking orrr his livelihood by depending upon the income earned from the said ,.,:hicles and he had purchased the vehicles by avaiiing loans t om financial institutions, for which he is required to pay monthJl installments. 3 Unless the said vehicles are released, the petitioner witl be put to great haLdship -5. PL't cotltr(t- learned Aclditional Public Pr.osecutor submitted that the said vel'ricies have been involved in similar. offences on seven occaslolrs I lcncc, thc Iearned Magistrate Lightty dismissed thc application. Ilc lulthcr subn'ritted that if the said vehicles are released in tavour of rl're pctitioner, the petil.ioner. is likely to corrrnit similar o flences. I \

6. 81, way ol replv. lcarned counsel lor the petitioner submitted that the petitioneL is readv to abide by the conditior.rs which are going to be inrposed by this Oourr l. 1'aking into considelation the peculiar. lacts and circumstances of the casc. the irnpugncd ordel passed b1, thc learned Judicial Magistratc o1- irilsL Class at Vemul:ru,ada in Crt.M.P.No .63 of 2024 in C.C.No.770 of 2023, dated 29.04.2024 is set aside and the leamed Magistrare is directed to re Iease the petitioner's vehicles namely Tractor (Swaraj ) bearing Registration No. AP-25-R-9469 and Trailer bearing Rcgistration No.AP-15-'fC-3488, subject to the condition that the petitioner shall lurnish bank guarantee lor an amount ol Rs.50,000/- (Rupees Fifty Thousand onty) ro rhe sarislaction of the leamed Judicial 4 Magistrate of Fir st Class at Vemulau,ada. The petitr : rer shall also lurnish an trndcrlakir-rg that he shall not commit anl s ntilar olfcncc and shall not alrcnate the rchicle or aller its ph;,sical i:rtures. Lill the disposal ol thc ploceedings. [)etitioncr is tiu'ther clirc,. trcl 1o produce the vehicles as and u,hcn t cquircd

8. Accordingl1,. the criminal petition is disposed ol Pending misccllaneous applications, il any, shall sra rd closed SD/- N SRIHARI T EPUTY REGISTRAR I I ,'(j- //TRUE COPY// SECTION OFFICER To,

1. The Judicial l\/agistrate of First Calss at Vemulawad. 2. The Station House Officer, Vemulawada Town Police St rtion, Ra.janna Sircilla District. 3, Two CCs to the Public Prosecutor, High Court for the St te of Telangana at Hyderabad [OUT]

4. One CC to tt/s. MAHALAKSHMI KANDAKURI Advocatr: 'OPUCI 5. Two CD Copies NVB/PSL /.-'.-...._ :' ,)& rhi- J i " :\'\- '' C7.. 'r o.-', C.\ 2 c [ri] ij?5 i.] . $.1' + ./.: Iti:l:1,:ri,j. '' HIGH COURT DATED:2411212025 ..: '.; li '. .) ll ,, ". i -). ORDER CRLP.No.17490 ot 2025 DISPOSING THE CRIMINAL PETITION q #