Property Order

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Transcript of Property Order

MADHAVI MADAM DOCKET MODELS (ORIGINAL)

P.R.C. Committal order docket:-

Committal order is pronounced in open Court (V.S.O.).

In the result, the case against the accused is committed to the Honble Court of Session, under Section 209(a) Cr.P.C. The accused is/are on bail and shall continue on bail during and until conclusion of trial under Section 209(b) Cr.P.C. The accused is/are directed to appear on receipt of summons from Court. The case record, documents and articles, if any shall be submitted to the Court of Session under Section 209(c) Cr.P.C. The factum of commitment shall be notified to the Public Prosecutor under Section 209(d) Cr.P.C. When enquired A1 to A4 stated that they have means to engage counsel in Sessions Court.

If accused is in jail:- (Original)

All the accused except ..are on bail. The Superintendent, Sub-Jail/District Jail/Central Jail .is directed to produce accused before the Sessions Court on receipt of intimation.

The accused is in Central Jail and shall continue so during and until conclusion of trial under Section 209(b) Cr.P.C.

FINAL REPORTS: (Original)

Summons served. Complainant present. (Sworn statement of complainant recorded). He/She reported no objection to final report. Perused F.I.R. and Final report and other material. Satisfied. Final report accepted and case recorded as undetectable. Issue proceedings accordingly.

SUMOONS SERVED, NO REPRESENTATION: (Original)

Complainant called absent. No representation. It shows he got no objection to final report. Perused F.I.R. and Final report and other material. Satisfied. Final report accepted and case recorded as undetectable. Issue proceedings accordingly.

(Contd2)

DEFAULT SENTENCE TO THE RESPONDENT IN M.Cs. (Original)

Petitioner and the respondent present. Respondent was directed to pay balance maintenance amount, it is seen from the docket order he has been seeking adjournments for payment of maintenance amount one pretext or the other. He has not paid maintenance amount even today. Perused the orders in main M.C. which clearly shows that the respondent is having means to pay in the above circumstances I felt it is fit case to order default sentence to the respondent.

In the result, the respondent is sentenced for one month as default sentence. Call on

APPOINTMENT OF ADVOCATE COMMISSIONER FOR EXECUTION OF NBW: (Original)

Heard the counsel for the petitioner. This is the petition filed by the counsel for the petitioner seeking appointment of the advocate Commissioner to arrest and produce the respondent before this Court as police fails to execute the warrant against the respondent since long time.

Perused the record. In spite of several opportunities were given to the police they were failed to execute the warrant against the respondent. After considering the case facts in the interest of Justice, Sri appointed as advocate-Commissioner to execute the warrant against the respondent, on proper identification and for production before this Court. His fee is fixed at Rs. . Before issuing warrant, concerned police, are directed to return the warrant already issued. Further the advocate Commissioner is directed not to use excessive force while arresting the respondent. The SHO of the concerned P.S. is directed to assist the advocate Commissioner in execution of the warrant against the respondent. The petitioner is directed to accompany the advocate Commissioner for proper identification of the respondent.

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ADMISSION DOCKET (ORIGINAL)

Dt.6.6.2012

Accused present. He is examined under Section 251 Cr.P.C. for the offence under Section 338 of IPC. The substance of accusation leveled against him is explained, read over to the accused in Telugu. He admitted the offence and pleaded mercy of the Court. Warning is given to the accused as to the sentence he is going to receive by this Court for the admitted offence. In spite he admitted the guilt of offence voluntarily.

Hence, the accused is found guilty for the offence under Section 338 of IPC and he is convicted under Section 252 Cr.P.C. and sentenced to pay fine amount of Rs.1,000/- for the offence under Section 338 of IPC and in default, he has to undergo simple imprisonment for six months. Bail bonds of the accused, if any, shall stands cancelled after appeal time is over.

I AJFCM.

Dt.6.9.2012This is a petition filed under Section 457 Cr.P.C., by the petitioner/owner of the property i.e., Bajaj Pulsar black colour motor cycle bearing No. AP 37 AV 7570 praying the Court to return the said property towards interim custody.

Notice given to the learned Assistant Public Prosecutor. He opposed since it requires for trial and order may be passed after due enquiry about ownership.

The learned counsel for the petitioner/owner contended that she is the owner of the property and she will produce the same as and when required by the Court and she will produce sufficient surety for the satisfaction of the Court and she filed Xerox copies of ration card and registration certificate for proof along with the petition and ultimately prays to return the said property for interim custody.

Heard both sides. Perused the record. During the course of investigation, the Investigating Officer has seized the said property. After perusal of the record, it is a fit case to return the above said property to the petitioner/owner towards interim custody.

In the result, the petition is allowed and the property i.e., four sovereigns of gold nanutradu with two mangala sutrams is ordered to be returned to the petitioner/de facto-complainant of the property on execution of self bond of Rs.1,20,000/- with a direction not to sell ,change or mortgage it and the petitioner/de facto-complainant shall produce the said property as and when required by the Court.

Accordingly, the petition is allowed. I AJFCM.

Dt.29.4.2013

This is a petition filed under Section 457 Cr.P.C., by the petitioner/3rd party of the property i.e., Hero Honda Passion pro(Drum-self spoke, wheels) bearing No.AP 37 AY 4371 praying the Court to return the said property towards interim custody.

Notice given to other sides. The learned Assistant Public Prosecutor endorsed that it is necessary for trial. Accused counsel endorsed that he has no objection. (Contd)

(Contd)

The petitioner/3rd party contended that he is the owner of the property and he is ready to produce the original C book before the Court as and when ordered and he is unable to attend to his daily duties and facing problems and ultimately prays to return the said property for interim custody.

Heard both sides. Perused the record. During the course of investigation, the Investigating Officer has seized the said

property. After perusal of the

record, it is a fit case to return the above said property to the

petitioner/3rd party of the property towards interim custody.

In the result, the petition is allowed and the property i.e., Hero Honda Passion pro(Drum-self spoke, wheels) bearing No.AP 37 AY 4371 is ordered to be returned to the petitioner/3rd party of the property on execution of bond of Rs.50,000/- with one surety with a direction not to change the colour of the vehicle, or sell or mortgage it and the petitioner/3rd party of the property shall produce the said property as and when required by the Court.

Accordingly, the petition is allowed. I AJFCM.

Dt.3.9.2012This is a petition filed under Section 457 Cr.P.C., by the petitioner/owner of the property/A2 i.e., TATA Safari bearing No.AP 33B 5577 praying the Court to return the said property towards interim custody.

Notice given to the learned Assistant Public Prosecutor. He opposed since it requires for trial.

The learned counsel for the petitioner/owner/A2 contended that he is the registered owner and having valid legal documents to prove the ownership and the 1st respondent/complainant has seized the said property and it is kept with the police station premises. He also contended that there is no way concerned to the said vehicle regarding the alleged offence and he is giving undertaking that he will produce the said vehicle as and when required by the Court and he will not change the nature of the

vehicle or colour of the vehicle or mortgage the vehicle or sell the vehicle to anybody and it is so long kept at the police station premises, it will be rusted and the material parts will be damaged and hence prayed to return the said vehicle for interim custody.

Heard both sides. Perused the record. During the course of investigation, the Investigating Officer has seized the said property. After perusal of the record, it is a fit case to return the above said property to the petitioner/owner/A2 towards interim custody.

In the result, the petition is allowed and the property i.e., TATA SAFARI bearing No.AP 33 B 5577 is ordered to be returned to the petitioner/owner/A2 of the property on execution of bond of Rs.4,00,000/- with one surety with a direction not to change its colour, sell or mortgage it and the petitioner/owner/A2 shall produce the said property as and when required by the Court.

Accordingly, the petition is allowed. I AJFCM.