IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24915 of 2005 Between: Tadikonda Hari Babu S/o. T. Naiduiah R/o. Plot.No.104, Satya Towers, New Rao's Building, Bharath Nagar, Vijayawada. ..... PETITIONER AND 1 The Superintendent of Police Central Bureau of Investigation 1-83-21/4, M.V.P.Colony, Sector-8, Vijayawada. 2 The Director Central Bureau of Investigation, Government of India, New Delhi. 3 The Branch Manager State Bank of Hyderabad Kothapet Branch, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent No.1 to return the petitioners original title deeds, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.RAMA SARMA Counsel for the Respondent No.: MR.T.NIRANJAN REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24915 of 2005 ORDER: It is the case of the petitioner that he has given his title deeds as a collateral security for advancing loan in favour of M/s.Vijaya Krishna Poultries by the State Bank of Hyderabad, Kothapet Branch, Guntur. It is stated that as the principal debtor failed to repay the loan amount, he paid a sum of Rs.5,00,000/- due to the Bank and the Bank also issued ‘No Due Certificate’ on 04-09-2005. It is stated that the criminal proceedings are pending against the former Branch Manager of the State Bank of Hyderabad and M/s.Vijaya Krishna Poultries, and the petitioner is nothing to do with the inflation of the value of the properties and for non-payment of the amounts due by M/s.Vijaya Krishna Poultries to the Bank. It is stated that the petitioner is not an accused in any criminal case and, therefore, there cannot be any objection for return of the original documents, which have been seized by the C.B.I. A counter has been filed by the 1st respondent stating that the said documents are required for the purpose of proving criminal charges against M/s.Vijaya Krishna Poultries as well as the former Branch Manager of the Bank. I am not inclined to express any opinion as to the merits of the case, as the remedy is available to the petitioner before appropriate criminal court for return of the documents. Whenever FIR is filed and even there being without any charge-sheet, an application can be filed before appropriate criminal court under Section 457 Cr.P.C. for return of the documents. If any charge- sheet is filed and the case is pending before the criminal court, an application can be filed under Section 451 Cr.P.C. for return of the documents. On filing such application, it is for the criminal court to consider the same and return the original documents after obtaining xerox copies and also by imposing appropriate conditions. Therefore, I am of the opinion that the writ petition is devoid of merit and the same is liable to be dismissed. Accordingly, the writ petition is dismissed with liberty to approach appropriate criminal court for return of the documents. There shall be no order as to costs. ___________ 25-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}