G. Sri Devi, J. - (1.)This Criminal Petition is filed under Section 482 Cr.P.C., directing the respondent - State, representing the Station House Officer, Toopran Police Station, Medak District, to release the vehicle i.e., Lorry bearing No.HR 55 S 7611 from their custody in favour of the petitioner.
(2.)The facts of the case are that the petitioner is the owner of the vehicle i.e., Lorry bearing No.HR 55 S 7611 and on 16.04.2018 the said vehicle was seized from the possession of Accused No.6, who is the driver of the said vehicle, in Crime No.64 of 2018 of Toopran Police Station, Medak District, registered for the offences punishable under Sections 379, 399, 441 of IPC and Section 25(1) of Indian Arms Act, that A.6 is using the said vehicle for transportation of the stolen cattle without the knowledge of the petitioner, that the petitioner claiming to be the owner of the said vehicle filed Crl.M.P.No.961 of 2018 in Crime No.64 of 2018 (subsequently numbered as PRC.No.5 of 2018) on the file of Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Gajwel, Medak District, seeking interim custody of the said vehicle, however, the learned Magistrate, by order dt.23.11.2018 dismissed the said application. Hence, the present Criminal Petition.
(3.)Learned counsel for the petitioner submits that there is every possibility of the vehicle being getting damaged, if it is kept idle exposed to air, sun and rain at the Court premises and hence seeks interim custody of the said vehicle.