THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8608 OF 2010 Between : Santosh Kumar Singh and others. ...PETITIONERS A N D The State of A.P. …RESPONDENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8608 OF 2010 ORDER: This Criminal Petition under Section 482 read with 451 Cr.P.C. filed by the petitioners to set aside the order dated 27.07.2010 in Crl.M.P.No.664 of 2010 on the file of II Metropolitan Magistrate, Cyberabad, L.B.Nagar, Hyderabad. 2. Heard the learned counsel for the petitioners as well as learned Public Prosecutor appearing for the State. 3. The petitioners filed a petition under Section 451 Cr.P.C. on the file of II Metropolitan Magistrate, Cyberabad, L.B.Nagar, Hyderabad, for interim custody of the property. The said petition was dismissed by the learned Magistrate, observing that the investigation is not yet completed and the property seeking to be returned by the petitioners are arms which covered Arms Act. 4. This Court is of the view that the order passed by the learned Magistrate is erroneous in law. Hence, the order passed by the learned Magistrate is hereby set aside and the petitioners are directed to file a fresh application before the Court concerned. On filing of such application, the learned Magistrate is directed to verify the licence of the arms and consider the same in accordance with law, and pass appropriate orders by imposing necessary conditions for return of the property. 5. With the above observations and directions, the criminal petition is disposed of. _________________________ JUSTICE RAJA ELANGO SEPTEMBER 02, 2010. YVL