IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD DATED: THIS the 26th day of April, 2011. PRESENT: THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRL.P.No. 3358 of 2011 Between: Gurrla Varalaxmi ..Petitioner and The State of AP and another. Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRL.P.No. 3358 of 2011 O r d e r: The petitioner herein claims to be the widow of one late Chinnaabbayi, who is stated to be the owner of the Trailer in question. That Trailer was seized by the concerned police in connection with C.C.No. 443 of 2009 on the file of the court of Additional Judicial Magistrate of First Class, Narsipatnam (JFCM). The offences alleged in the said case are those punishable under sections 2 and 4 read with 21, 22 and 24 of Mines and Minerals (Development and Registration) Act, 1957 and the relevant Rules of A.P. minor Mineral Concession Rules read with Section 27 and 38 of A.P. Water Land Tree Act, 2002 (WALTA). It is not necessary to go into the merits of the case. 2. The petitioner herein filed Crl.M.P.No. 1735 of 2010 under section 457 Cr.P.C praying the above JFCM for return of the Trailer in question to her on the plea that she is the widow of the owner of the said Trailer bearing No.AP-31-Y-4453. 3. The learned Magistrate after considering the matter dismissed the said petition by order dated:4-1-2011 on the ground that there are other heirs of Chinnabbayi and unless they file affidavits or Memo saying no-objection, the vehicle cannot be returned to the petitioner. Questioning that order this criminal petition is filed. 4. Learned counsel for the petitioner says that she has now filed a Memo of other heirs before this court saying their no-objection and therefore this court should order return of the trailer. I am unable to agree with the contention of the learned counsel. 5. It may be noted that the petitioner should have filed the Affidavits or Memos of other heirs expressing their no objection along with relevant certificates before the learned JFCM and renewed her application there seeking for return of the vehicle/Trailer. It should also be noted that the record of return of the vehicle should be retained in the trial court. In these circumstances, I am of the opinion that it shall be open for the petitioner to file the affidavits or Memos of other co-heirs expressing their no objection for return of the vehicle to her and the learned Magistrate may look into the matter and pass appropriate orders for return of the vehicle on such affidavits or Memos being filed, unless the prosecution has got other objections. 6. This petition is accordingly disposed of. _____________________ N. RAVI SHANKAR, J. April 26, 2011. *BVS/CVRK Note: Furnish CC tomorrow. (BO) BVS. THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRL.P.No. 3358 of 2011 April 26, 2011.