HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.578 OF 2011 ORDER: This Criminal Revision Case is directed against the order, dated 08.03.2011, passed in C.F.R.No.1086 of 2011 in P.R.No.96 of 2005 - 2006, on the file of the Judicial First Class Magistrate, Jagityal, Karimnagar District, whereby the learned Magistrate declined to entertain the petition filed for return of F.D.R.No.538100 for Rs.1,48,500/-, which was deposited by the petitioner as security for release of the vehicle seized in connection with P.R.No.96 of 2005 – 2006 of Prohibition and Excise Station, Dharmapuri, Karimnagar District, for the offences punishable under Sections 34 (a), 34 (e) and 50 of the Andhra Pradesh Excise Act, 1968. It is seen from the record that subsequently, the accused in the said P.R. filed Criminal Petition No.2878 of 2007 before this Court to quash the proceedings in P.R.No.96 of 2005 – 2006 of Prohibition and Excise Station, Dharmapuri, Karimnagar District, and this Court vide order, dated 31.08.2007, quashed the proceedings in the said P.R. In view of the fact that the proceedings in P.R.No.96 of 2005 - 2006 were quashed, the petitioner is entitled for return of the F.D.R. and the learned Magistrate was not justified in rejecting the petition for return of the F.D.R., which was deposited by the petitioner with the Deputy Commissioner, Prohibition & Excise, Karimnagar. Hence, the Criminal Revision Case is allowed and the impugned order is set aside. The Deputy Commissioner, Prohibition & Excise, Karimnagar, respondent No.1 herein, is directed to return the above mentioned Fixed Deposit Receipt to the petitioner under proper acknowledgement. ________________________________ GOPALA KRISHNA TAMADA, J April 01, 2011 MD HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.578 OF 2011 April 01, 2011 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.578 OF 2011 Between: J. Sridhar ..... PETITIONER AND The Deputy Commissioner of Prohibition and Excise and another ....RESPONDENTS The Court made the following: