P.KESHAVA RAO,J. - (1.)The present Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. questioning the order, dated 09.12.2020 passed in Crl.M.P.No.343 of 2020 in Crime No.230 of 2020 on the file of the Judicial Magistrate of First Class, Husnabad.
(2.)The facts in issue are that the petitioner/accused is the owner of the Mini Tipper bearing No.TS 12 UB 2349 and the said vehicle was seized in Crime No.230 of 2020 of Husnabad Police Station, which was registered for the offences punishable under Section 379 IPC and Section 3 of P.D.P.P. Act, and the said vehicle was kept in the police station. During the pendency of investigation, the petitioner, claiming to be the owner of the said vehicle, filed Crl.M.P.No.343 of 2020 before the Judicial Magistrate of First Class, Husnabad, seeking interim custody of the vehicle. By an order, dated 09.12.2020, the learned Judge dismissed the application. Challenging the same the present revision is filed.
(3.)Learned counsel for the petitioner submits that there is every possibility of the vehicle getting damaged, if it is kept exposed to vagaries of nature at the premises of Police Station and hence seeks interim custody of the vehicle.