IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY NINTH OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8754 of 2008 Between: Survey Murali Krishna …Petitioner AND State of A.P. and another …Respondents The Court made the following: ' THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.8754 of 2008 ORDER: This criminal petition is ﬁled questioning order dated 25.09.2007 passed by the Additional Judicial Magistrate of the First Class, Peddapuram, in Criminal M.P.No.2507-A of 2007 in S.C.No.20 of 2006 in PRC No.20 of 2005 by which the lower Court refused to handover cash of Rs.5,64,000/- to the petitioner. The said cash was marked as M.O.5 during trial of the sessions case. At the time of disposal of sessions case, the VI Additional Sessions Judge (Fast Track Court), Rajahmundry, passed order as to disposal of M.O.5 to the eﬀect that M.O.5 shall be handed over to the proprietor / owner of Sure Kitchayya and Company, Peddapuram. The petitioner, who is managing partner of Sure Kitchayya and Company, ﬁled the present petition before the Magistrate for return of said cash in pursuance of order of the VI Additional Sessions Judge (Fast Track Court), Rajahmundry. The Magistrate dismissed the petition on the ground that two appeals are pending against the judgment in S.C.No.20 of 2006 and that therefore, the petitioner is not entitled for return of the amount at that stage in view of Rule 228 of the criminal rules of practice. The view taken by the Magistrate is correct. Irrespective of observation of the trial Judge that the property shall be returned to the person after appeal time is over, it is the duty of the Magistrate to comply with Rule 228 of criminal rules of practice before actually carrying out directions in the sessions case judgment. In case the petitioner is in urgent need of the property, it is open for him to approach the appellate Court where criminal appeals are pending, for interim custody of the same by ﬁling a petition under Section 452 Cr.P.C. Hence, the Criminal Petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J March 29, 2010 Bvv