HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9299 OF 2010 DATE: 20.09.2010 BETWEEN: B.S.S.R.Gopalaswamy and others .. Petitioners And The State of Andhra Pradesh ` .. Respondent HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9299 OF 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking a direction to the X Metropolitan Magistrate, Cyberabad at Malkajgiri to entertain the Criminal Miscellaneous Petition filed by the petitioners under Section 451 Cr.P.C. in Crime No.85 of 2010 on the file of the Kushaiguda Police Station,Cyberabad and dispose of the same on merits. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor for the State. The petitioners lodged a report with the police alleging that the accused cheated them to part with a sum of Rs.10,50,000/- by promising that they will handover the gold equivalent to the amount. It is said that on the pretext of verifying the cash, they have taken the cash and they put the same into the bag and ultimately the petitioners found only newspaper bundles instead of cash. The petitioners filed the criminal petition under Section 451 Cr.P.C. to return the cash and in the said petition, notice was issued to A1 to A6 and that they stated no objection for returning the cash. The learned counsel for the petitioners submitted that the Court below is not entertaining the criminal miscellaneous petition on the ground that another accused (A7) filed Criminal Petition No.2058 of 2010 before this Court wherein this Court granted stay for certain period. According to the learned counsel, the Court below expressed its opinion stating that it will not be entertained till the criminal petition before this Court is disposed of. Considering the submissions made by the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, I am of the view that the learned X Metropolitan magistrate, Cyberabad at Malkajgiri is not justified in not entertaining the petition for return of cash filed by the petitioners under Section 451 Cr.P.C. When none of the accused is claiming the cash, it is not appropriate on the part of the learned Metropolitan Magistrate to keep the petition without disposing it on merits on the pretext of pendency of criminal petition filed under Section 482 Cr.P.C. before this Court. Pendency of the criminal petition has nothing to do with the disposal of property. The X Metropolitan Magistrate, Cyberabad at Malkajgiri is therefore, directed to entertain the criminal miscellaneous petition filed by the petitioners and dispose of the same on merits by imposing necessary conditions, which in the opinion of the learned Magistrate, the petitioners have to comply with for obtaining interim custody of the property. Accordingly, the criminal petition is allowed. _______________ R.KANTHA RAO,J Date: 20.09.2010 Note: C.C. in two days. B/O kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.9299 OF 2010 DATE: 20.09.2010