THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8599 OF 2010 Between : J.Somaraju ...PETITIONER A N D The State of A.P. …RESPONDENT ` THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8599 OF 2010 ORDER: This Criminal Petition under Section 482 read with 457 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) is filed by the petitioner to direct the respondent-Station House Officer, Miyapur Police Station, Ranga Reddy District, to release the Tata Indica Car bearing registration No.AP-10-AJ-6688, which was seized in Crime No.289 of 2010. 2. Heard the learned counsel for the petitioner as well as learned Public Prosecutor appearing for the State. 3. Learned counsel appearing for the petitioner submits that the petitioner filed a petition under Section 451 Cr.P.C. on the file of the IX Metropolitan Magistrate, Cyberabad, Kukatpally, for interim custody of the above said vehicle. The said petition was dismissed by the learned Magistrate, observing that the case property involved is exclusively triable by the Sessions Court, and he has no jurisdiction to release the vehicle. 4. This Court is of the view that the order passed by the learned Magistrate is erroneous in law. Even though the cases are triable by Sessions Judge the Magistrate has every right to order for return of the property under Section 451 Cr.P.C. Hence, the order passed by the learned Magistrate is hereby set aside and the petitioner is directed to file a fresh application before the Court concerned. On filing of such application, the learned Magistrate is directed to consider the same, in accordance with law, and pass appropriate orders for return of the vehicle. 5. With the above observations and directions, the criminal petition is disposed of. _________________________ JUSTICE RAJA ELANGO SEPTEMBER 02, 2010. YVL