AI Structured Summary
Not yet generated for this judgment
Judgment
This Criminal Petition has been filed by the petitioner, aggrieved by the impugned order dated 16.04.2026, passed by the learned I Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar (for short ‘the trial Court’) in Crl.M.P.No.106 of 2026 in C.C.No.15 of 2025 of EOW Cyberabad Police Station.
Heard Mr. B. Rajeshwar Reddy, learned counsel for the petitioner and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
With their consent, this criminal petition is disposed of at the stage of admission. Notice in respect of respondent Nos.2 to 5 is dispensed with on the ground that they are made as proforma respondents.
Learned counsel for the petitioner submitted the petitioner entered an agreement with respondent Nos.2 to 5 and paid money to purchase a property. Subsequently, respondent Nos.2 to 5 got registered a property to an extent of Ac. 0.15 guntas, covered by Sy.No.343 & 1 1/1, situated at Venkatapur Village, Sadasivpet Mandal, Sangareddy District vide registered sale deed document bearing No.3644 of 2022, dated 23.07.2022, through original owner Smt. Gorilla Laxmi through a valuable sale consideration. Since the date of purchase, the petitioner has been in the possession of the property. Respondent Nos.2 to 5 did not develop the subject property as agreed by them. The EOW Cyberabad police registered a Crime No.6 of 2024 against respondent Nos.2 to 5 and seized the original registered sale deed of the petitioner from the office of respondent Nos.2 to 5 though the petitioner is nothing to do with the alleged crime and the petitioner's property is also not involved in the said crime. Subsequently, the crime was number as C.C.No.15 of 2025 before the trial Court. The petitioner had approached the trial Court and filed Crl.M.P.No.106 of 2026 in C.C.No.15 of 2025 seeking interim custody of the document. The trial Court, without properly considering the contention raised by the petitioner, dismissed the application on the ground that the document is required for the trial in C.C.No.15 of 2025. Unless this Court grants interim custody of the said document, the petitioner will be put to great hardship.
Per contra, learned Additional Public Prosecutor submitted that whether the document seized by the investigating agency is involved in connection with C.C.No.15 of 2025 or not, the same has to be revealed during the course of trial, especially, the C.C is pending. Hence, the trial Court rightly dismissed the application filed by the petitioner.
Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is calming right over the property, which is purchased through registered sale deed dated 23.07.2022. The petitioner is not arrayed as accused according to the prosecution in C.C.No.15 of 2025. The original document is seized from the possession of respondent No.2 in connection with crime No.6 of 2024. The document is under the custody of the trial Court.
Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the document bearing No.3644 of 2022, dated 23.07.2022 to the petitioner, on the condition that the petitioner shall furnished certified copy of the original document before the trial Court and she shall produce the original document before the trial Court as and when required for adjudication of C.C.No.15 of 2025. The petitioner shall not create any third party rights without prior permission of the learned trial Court.
Accordingly, the criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.
