Research › Search › Judgment

Andhra High Court · body

2021 DIGILAW 723 (AP)

Indian Bank v. State

2021-11-01

CHEEKATI MANAVENDRANATH ROY

body2021
ORDER : 1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking direction to the trial Court i.e., Court of the Special Judge for SPE and ACB Cases at Vijayawada to dispose of the petition filed by the petitioner under Section 451 Cr.P.C. in Crl.M.P.No.927 of 2018 in Crime No.15/RCA-ACB-VJA/2017 by fixing a time limit to that effect. 2. Heard learned counsel for the petitioner and learned Special Public Prosecutor for ACB. 3. It appears that one K. Srinivasa Kumar was a Government employee, who worked in Education Department. On the ground that he being an employee was doing business in the name of his wife, who is the 3rd respondent herein and earning on it and on other allegations, a case was registered against him in Crime No. 15/RCA-ACB-VJA/2017 by the ACB police. It is stated that thereafter he died. It is stated that ACB police have seized two vehicles i.e., Volvo X C60 D4 BSIV bearing registration No. AP 02 AL 6666 and Hyundai Tucson CRDI Auto GLS bearing registration No. AP 04 BG 5559 during the course of investigation which stand in the name of A-3, who is the wife of the said employee. Alleging that the petitioner - Bank i.e., Indian Bank has sanctioned loan for purchase of the said vehicles on hypothecation and that they are entitled to return of the said vehicles, the petitioner - Bank has filed a petition under Section 451 Cr.P.C. before the trial Court seeking interim custody of the said vehicles. The grievance of the petitioner - Bank in this Criminal Petition is that even though the said petition was filed long back in the year 2018 that the same is not being disposed of till now. Therefore, the petitioner - Bank is before this Court seeking direction to the trial Court to consider and dispose of the said application. 4. When the petition under Section 451 Cr.P.C. was filed long back in the year 2018, there are no valid reasons emanating from the record as to why the trial Court has not considered the said application to dispose of the same till now. 4. When the petition under Section 451 Cr.P.C. was filed long back in the year 2018, there are no valid reasons emanating from the record as to why the trial Court has not considered the said application to dispose of the same till now. Whether the petitioner-Bank is entitled for interim custody of the said vehicle under Section 451 Cr.P.C. or not, is a different matter which the trial Court has to decide the same while disposing of the said application according to law. However, there is no justification in keeping the said application pending for years together. 5. Therefore, this Criminal Petition is disposed of with a direction to the learned Special Judge for SPE and ACB Cases at Vijayawada to consider the said application filed in Crl.M.P.No.927 of 2018 on the file of the said Court and hear both the parties and dispose of the same according to law within two weeks from the date of receipt of a copy of this order or from the date of producing a copy of this order by the petitioner, whichever is earlier. 6. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.