HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 3175 of 2009 Date: 12-08-2010 Between: S. Babu …….. Petitioner and K. Niranjan Reddy and others ……… Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 3175 of 2009 ORDER: The petitioner approached this Court with a prayer to set aside the order, dated 08-04-2009 passed in Crl.M.P.No.796.A of 2009 in CF No.2446 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Nellore, by which the learned Magistrate returned an amount of Rs.60,36,342/- along with interest to the first respondent herein towards interim custody. This Court perused the entire record and also heard the arguments of both the learned counsel. The said amount was claimed by the petitioner as well as the respondents herein. The order was passed by the learned Magistrate, relying on the circular orders of this Court, stating that the property should be returned to the persons concerned, but that proposition of law is only applicable to the properties concerned, which can deteriorate during the pendency of the trial, and in the present case since the property is cash, the said proposition of law is not applicable. Hence, this Court is the view that there is no need to return the money at this stage, that too when there is claim and counterclaim by the parties. Therefore, the order passed by the learned Magistrate cannot sustain and the same is liable to be set aside. Accordingly, the order, dated 08-04-2009 passed in Crl.M.P.No.796.A of 2009 in CF No.2446 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Nellore, is hereby set aside. The learned Magistrate is directed to conclude the trial within a period of six months on priority basis and also decide the issue under Section 452 of Cr.P.C. at the time of pronouncement of Judgment. With the above observation, the Criminal Petition is disposed of. _____________ RAJA ELANGO, J Date: 12-08-2010 YCR