THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.10554 OF 2009 Dated : 16.12.2009 Between : Adapa Ramesh ….. Petitioner/Complainant a n d Kotagiri Narisimha Rao & others ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.10554 OF 2009 ORDER : This criminal petition is filed under Section 482 Cr.P.C. by the petitioner/defacto complainant seeking a direction to the Judicial First Class Magistrate, Sathupally, Khammam District, to refund MOs 1 and 2 i.e. an amount of Rs.20,000/- along with interest. 2) Heard. 3) A reading of the material on record reveals that the petitioner herein filed an application under Section 452 Cr.P.C. seeking to refund MOs 1 and 2 i.e. Rs.20,000/- which was rejected by the trial Court stating that as the NBWs against A.4 to A.6 are pending and case against them is still pending, the petitioner is not entitled for refund of case property. 4) It is not known as to when the absconding accused would be available for trial and the entire case will be disposed of. In such circumstances, there is no justification in keeping the amount belonging to the complainant for substantial period. Therefore, the amount of Rs.20,000/- (Rupees Twenty Thousands only) shall be returned to the petitioner along with accrued interest, in case the amount is kept in fixed deposit. 5) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 16th December, 2009 SUR