THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No. 893 OF 2011 DATE: 11-07-2011 Between: Kusuma Chaitanya Mohan .. Revision Petitioner And The State of A.P., through Spl. Public Prosecutor, CBI, High Court of A.P., Hyderabad. .. Respondents THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No. 893 OF 2011 ORDER: This Criminal Revision Case is directed against the order dated 01.03.2011 in Crl.M.P.No.95 of 2011 in R.C.22(A)/2010 on the file of the Special Judge for CBI Cases, Hyderabad, wherein the said application filed by the petitioner-third party under Section 457 of the Criminal Procedure Code, 1973 seeking return of cash of Rs.4 lakhs by defreezing locker No.36 of Oriental Bank of Commerce, Mehdipatnam Branch, Hyderabad and also seeking return of cash of Rs.1 lakh seized from the house of petitioner’s father, was dismissed. Heard the learned counsel for the petitioner and the learned Special Standing Counsel for the CBI. Perused the records. The petitioner’s father is arrayed as A3 in case No.22(A)/2010 registered by CBI for the offences under Sections 7 & 8 of the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code, 1860. During the course of investigation, on 23.09.2010 a search was conducted in the residential premises of petitioner’s father and cash of Rs.2.90 lakhs was seized and cash of Rs.4 lakhs was seized from locker No.36 of Oriental Bank of Commerce, Mehdipatnam Branch, Hyderabad and the locker was freezed. According to the petitioner, he is working as a Junior Manager in JSW Steels Limited, Karnataka and intended to purchase a flat at West Marredpally, Secunderabad from M/s Lakshmi Constructions for which Rs.5 lakhs was already paid to the builder initially and the petitioner approached his cousin Sri Ram Sireesh Kusuma of Visakhapatnam, who arranged Rs.5 lakhs and out of the said amount he kept Rs.4 lakhs in the locker and paid Rs.1 lakh to the builder on 09.09.2010. He, therefore, seeks return of the said amount on the ground that it has nothing to do with his father. The investigation is stated to be pending. The learned Special Standing Counsel for the CBI would submit that the charge sheet will be filed shortly. In the circumstances, when the investigation is still pending and the charge sheet is yet to be filed, it is considered neither just nor appropriate to order return of the seized amounts, at this stage. The impugned order, dismissing the application, does not, therefore, call for any interference. In the result, the Criminal Revision Case is dismissed. ___________________ G.V.SEETHAPATHY, J 11-07-2011 MR THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No. 893 OF 2011 DATE: 11-07-2011 MR