✦ High Court of India · 20 Aug 2025

Tho v. The State of Telangana, Rep. bY its P

Case Details High Court of India · 20 Aug 2025
Court
High Court of India
Decided
20 Aug 2025
Bench
Not available
Length
1,174 words

titution of lndia praying that in the herewith, the High Court maY be articularly one in the nature of Writ 3 to release/ handover Petitioner lA NO: 1 OF 2025 Petition under Section 151 CPC prayin the affidavit filed in support of the petition, direct the 3rd respondent to release/hand that in the circumstances stated in he High Court maY be Pleased to er petitioner vehicle tractor vide Registration No.AP 22 AtVI 9114 to the petitioner in the interest of .justice, pending disposal of the main writ petition. Counsel for the Petitioner : SRI VEERA BABU GANDU Counsel for the Respondents No.1to3 : GP FOR HOME Counsel for the Respondents No.4 : The Court made the following: ORDER THE HONOURABLE SRI JUS CE N.V.SHRAVAN KUMAR WRIT PETITION N .23692 of 2o25 ORDER: Aggrieved by the action of espondent No.3 that without arry authority or right forcibly tak n away the petitioner's tractor vehicie bearing Registration No. P 22 AM 9114 to the 3.d respondent police station with t any valid reasons with instigation of respondent No.4, e petitioner filed the present writ petition is filed. A conseque tial prayer is made to direct respondent No.3 to release / hand ver petitioner's tractor vehicle bearing Registration No.AP 22 AM tt4.

2. Learned Assistant Governm nt Pleader for Home takes notice for respondent Nos. 1 to 3 No relief is sought against respondent No.4. As such, no ce to respondent No.4 is dispensed.

3. The brief facts of the case ar that the petitioner is having agricultural land in Survey No.545 A/A to art extent of Ac.0-02 guntas, in Survey No.545/A/EE to extent of Ac.O-05 guntas, arrd in Survey No.5a5lEl2l1to an extent of Ac.O-O7 guntas, in total to an extent of Ac.0-14 gu tas situated at Medigadda Thanda, H/o.Amangal Village and andal, Rangareddy District uide patta No.TO5020O67492. [t is further submitted while the t, 1 petitioner was cultivatrng his iand, the 3.c respondent with the instigation of respondent No.4 forcibly tal<en a*,ery the tractor vehicle of ti-re petitioner to the 3'd respondent police station on

05.08.2025 anci obtained signatures ir-r the u.hite paper and therea-fter, the petitioner requested the 3.<l responcrent to release the vehicle. But the 3.d respondent did not consider the petitioner's request till date. It is f,rther submitted that police without proper investigatior-r has registered a criminal case uide crime No.213 of 2O2S for the offences under Sections 329(3), 324(41 of BNS (earlier Scction 447 of IpC- Criminal trespass and house trespass arrd Sectior-r 425 of IpC _ Mischief) against the petitioner. It is further submitted that the respondent No.3 is converting the civil issues into criminal cases r,vithout any proper enquiry. Aggrieved by the action of rcsponcierrt No.3, the present writ petition is frled.

4. Learned Ass'istant Government pleader for Home placed a copy of instructions before the Court issued by Sub-lnspector of Police, Amangal Police Station, Cyberabad Commissionerate, wherein it is submitted that the respondent No..l has lodged a complaint on 05.08.2025 with respondent No.3 stating that the petitioner has trespagseC into the complainant,s land and pioughed it Basing on the complaint given bv respondent No.4, a case has been registered in Crime No.2l3 of 2025 on J

05.08.2025 under Section 329(3) and petitioner and investigation is taken investigation, the Investigating Office offence and seized the tractor vehicle AM 9114 under cover of seizure cu witnesses have been examined an records' It is further submitted that of BNS was issued on 07 ' acknowledgment' Thereafter, the Inv the seized tractor vehicle along with Judicial First Class Magistrate (her court), Amangal uid-eCPR No 103/25 said tractor is in the Amangal Polic After the finalization of investigation It 1 S be filed before the trial court now the petitioner has not obtained from arrY Court or authoritY as & custodY and PraYed to dismiss the W

5. A coPY of FIR filed against the with the coPY of instructions' 24(4\ of BNS against the p. During the course of has visited the scene of de registration No'AP 22 panchanama and three their statements were otice under Section 35(3) 8.2025 under ProPer stigating Officer dePosited orm-60 before the learned in after referred as trial dated 11.08'2025 and the Station for safe custodY' an aPProPriate rePort will rther submitted that as of y specific order / direction hen the vehicle is in their it Petition. petitioner is enclosed along i 1

6. Heard Sri Veera Babu Gandu, learned counsel for the petitioner and Sri lvl.Srinivas, learned Assistant Government Pleader for l{ome appearing for respondcnt Nos. I to 3. 7 . After argu.ing at length, learned counsel for the petitioner submits that they would make appropriate application before the trial court and pursue their remedies as available under law.

8. With these observations, the Writ petition is disposed of with consent granting liberty to the petitioner to file an appropriate application before the trial court and seek appropriate remcdies as available under larv. )lo order as to costs. As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed. SD/- T.VIJAY KUMAR DFPUTY REGISTRAR //TRUE COPY// \t SECTION OFFICER To, 2 J 4 5 b The Principal Secretary, Home Department, Secretariat. State of Telangana, Hyderabad. The Commissioner of Police, Cyberabad. The Station House Officer, Amangal Police Station, Cyberabad, Comm isinarate. One CC to SRI VEERA BABU GANDU, Advocate. [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana [OUT] Two CD Copies. M/ BSK BS HIGH COURT DATED:2010812025 CC TODAY I { oR ii-r[: S I4 t () 2 j ii16 2025 * +.^ ,J rlr-: ORDER WP.No.23692 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS D 1"

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