HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7421 of 2011 ORDER: This criminal petition is filed by the petitioner, under Section 482 Cr.P.C., seeking a direction to the Addl. Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District, to release the amount deposited to the credit of Crime No.60 of 2006 by the 1st respondent herein, in his favour. Briefly, the facts of the case are that the S.H.O., Rayavaram P.S., East Godavari District, registered Crime No.60 of 2006 against the petitioner and respondent Nos.2 to 11 herein for the offences punishable under Sections 3 and 4 of the A.P. Gaming Act and, after completion of investigation, the Inspector of Police, Anaparthi Circle laid charge sheet before the Addl. Judicial Magistrate of First Class, Ramachandrapuram, who took cognizance of the offence and numbered the same as C.C.No.118 of 2010. The learned Magistrate, after appreciation of evidence and hearing both sides, acquitted the accused of the offences with which they were charged and ordered that M.O.1 i.e., a bundle of currency notes to a tune of Rs.51,967/-, be returned to all the accused at once in person, after appeal time is over, by judgment dated 13.10.2010. Learned counsel for the petitioner has submitted that the amount seized on 23.6.2006 absolutely belongs to the petitioner, that on notice, when the petitioner appeared before the trial Court for receiving the amount, the trial Court directed him to make appearance of all the other accused so as to release the amount at once, that none of the respondents appeared before the trial Court for receiving the amount, though they were served with notices, and that on the date of alleged offence, the petitioner was working as a President of the Cultural Society and the police seized the amount from the petitioner only, but not from the respondents. On notice, respondent Nos.2 to 11 appeared before this Court and filed a common affidavit stating that they have no objection for return of the seized amount to the petitioner herein. Considering the same, the Addl. Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District, is hereby directed to release the seized amount in favour of the petitioner herein. Accordingly, the Criminal Petition is allowed and miscellaneous petitions, if any, filed shall stand closed. __________________ RAJA ELANGO, J 16th November, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7421 of 2011 (Allowed) 16th November, 2011 cbs