Jaoannadha Reddv v. Hyderabad

'l . The State of Telangana, Rep by its Principal Secrelary, Home Department z ine oiiector Geneiai of'Police, Govemrnent of Telangana, Lakdikapool, S ifie Commissioner of Police, Hyderabad Commissionerate Basheerbagh' + i6e Asst Commissioner of Police, Panjagutta Circle, Hyderabad' 5. The Station House fficer, Panjagufta Police Station. Panjaguttqr Hydelabad O. Srienogyr* Siva Shankai, Suti-lispector of Police, Paniagutta Police Station' z -riiketaHarika, D/o E Chandra Shekar Reddy, aged about 25 years' Occ' student, Ri./o. Flat No.301, Pinnacle Towers, Street No.6, Umanagar' Kundanbagh' Hyderabad Hvderabad. ...RES'.NDENTS Petition under ArTicle 226 of the constitution of lndia prayrng that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order or Direction more particularly one in the nature of writ of Mandamus to declare that the Respondent No. 5 and 6 lacks iurisdiction and they travelled beyond their purview under law while conducting search of Petitioner residence, seizure of gold and diamond jewelry and mobile I Phone-'13 from the possession of Petitioner on 17.10.2024 came to be effected pursuant to notice dated 24.O9.2024 issued U/s 941179 0f BNSS on 17.10.2024 to Petitioner or under impugned notice u/s 35(3) BNSS said to be issued on 17.10.2024 to Petitioner without following due process of law is arbitrary, illegal and violation of Article 19 and Article 300-A, principles of natural justice and the same is liable to be set-aside in the interest of justice and consequenfly direct the Learned Xlll Additional chief Metropolitan Magistrate to return seized gold and diamond jewelry to Petitioner after conducting purity test and Mobile l-phone-13 in the interest of justice. "IANO:1OF2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct Respondent No- 5 and 6 to deposit gord ornaments. Mobire I phone seized in crime No. 270 of 2024 from this possession of this petitioner with the Registry or with the Xlll Additionar.chief Metropolitan Magistrate, Hyderabad pending disposar of Main Writ Petition in the interest of justice. Counsel for the Petitioner: SRI G.SETHU RAMA RAO Counsel for the Respondent Nos.1 TO 6: Gp FOR HOME Counsel for the Respondent No.7: - The Court made the following: ORDER a OFDR: IIE TO{T[.E SMT'sIXE T. \/lNO I(UMAR witPeHinNo.l4s5dzEs Heardlearnedcounselforthepetitioner,learnedGovernment Pleader for Home appearing for respondent Nos'l to 5' and with the consent of the learned counsel appearing for the parties, the writ Petition is taken up for hearing and disposal at tfre admission stage'

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved' this Court is of the view that notice to unofficial respondent Nos'6 and 7 is not necessary for adjudication of the present Writ Petition'

3. The case of the petitioner, in brief, is that though the respondents- authorities have seized the gold of the petitioner by claiming that the petitioner has been arrayed as accused in a case' vide Crime No'270 of 2024, in respect of an incident which has taken place on 17'10'2024' the said seizure per se is illegal and as such the petitioner is entitled for being returned the seized gold and I Phone-13 mobile phone to him'

4.Percontra,learnedGovernmentPleaderforHorneappearingon behalf of respondent Nos.1 to 5 by drawing the attention of this Court to the order passed in W.P.No.29497 of 2OZ4 would submit that this Court while disposing of the above Writ Petitlon, grantd liberty to the petitioner 2 therein to file appropriate application before the concerned Magistrate seeking for defreeze of his bank account/locker and release of gold ornaments and his mobile phone. 5 Learned Government pleader further submits that in view of the specific direction contained in the said order, the petitioner has to approach the concerned Court and for the reason, the present Writ Petition is not maintainable. 6 I have taken note of the respective contentions urged.

7. Though on behalf of the petitioner it is contended that the respondents-authorities having misled thrs Court for passing the said order, it is not shown to this Court that the petitioner having taken any steps by bringing to the notice of the concerned Court about the misstatement made resulting in this Court passing the said order.

8. Further, if the petitioner is of the view that the respondents_ authorities having not deposited the seized gold before the concerned Magistrate, he has to bring the said fact to the notice of the concerned Magistrate himself for taking action thereon.

9. Since this Court while disposing of W.p.No.29497 of 2024 having directed the petitioner to avair the remedy provided under section 451 of BNSS, and inasmuch as the respondents claim to have deposited the said 3 seized gold along with Form -60 before the XIII ACMM on 19.10.2024 and as it is stated that the petitioner having filed an application before the concerned Couft, this Court is of the view that pursuant to the direction of this Court, the petitioner has to pursue the remedy and for the reason, cannot by-pass the remedy already availed.

10. Subject to above observation, the Writ Petition is disposed of. No order as to costs

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/. P.Ch. NAGABHUSHAMBA D PUTY REGISTRAR //TRUE COPY// SECTION OFFICER Buitdings, Hyderabad, To

1. The Principal Secretary, Home Department Sec State of Telangana.

2. The Director G-eneral of Police, Govemment of Telangana, Lakdikapool' Hyderabad. Hyderabad

3. The Commissioner of Police, Hyderabad Commissionerate Basheerbagh,

4. T6e Asst. Commissioner of Police, Panjagufta Circle, Hyderabad. 5. The Station House Officer, Paniaqutta Police Station. Panjagutta, Hyderabad 6. Sri Bhogyam Siva Shankar, Sub-hspector of Police, Panjagutta Police Station, Hyderabad. 7, One CC t6 SRI G.SETHU RAMA RAO, Advocate TOPUCI 8. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT]

9. Two CD Copies PS GJ o t HIGH COURT DATED:0210512025 ORDER WP.No.14596 of 2025 )'' S ,6i4 2 5 AUE 2025 .'i- i, {'s - icul f, ,j / l t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 {