The High Court · 2025

Judgment

2. 1 The State of Telangana, Rep. by its Principal Secretary, Department of Home, TS Secretarrat, Hyderabad. The Commissioner of Police, Hyderabad Commissionerate,Road No.12, Banjara Hills, Hyderabad. The Assistant Commissioner of Police, Hyderabad Commissionerate, Masab Tank Division, Hyderabad.

4. The Station House Officer, Masab Tank, P.S., Hyderabad. ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in seizing the petitioner Motor Cycle CB Shine Front Drum Brakeks Cast Wheels BSlll bearing Regd. No. TS09EN0240 under cover of Panchanama in FIR No. 5412025 dated 21312025 as illegal, arbitrary and consequently, direct the respondents to release the Motor Cycle bearing No. TS09EN0240 seized by the 4th respondent under cover of Panchanama daled 31312025 in FIR No. 5412025 daled 21312025 in favour of the petitioner. lA NO: 1 OF 2025 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 the Respondents to release the petitioner Motor Cycle CB Shine Front Drum Brakeks Cast Wheels BSlll bearing Regd. No. TS09EN0240 seized by the 4th respondent under cover of Panchanama dated 31312025 in FIR No. 54 of 2025 dated 21312025 in favour of the petitioner pending disposal of the Writ petition. Counsel for the Petitioner : SRI MD IQBAL ALI JAVID Counsel for the Respondents No I To 4: SRI M SRINIVAS AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.25995 of 2025 ORDER: Heard learned counsel for the pctitioner and Sri.M.Srinivas, learned Assistant Governmcnt Plcader for Homc appearing for respondent Nos.1 to 4. With their consent, this writ petition is being taken up for disposal at the admission stage itsclf.

2. '['his writ petition has becn filed seeking the following prayer:- "to dttlnre tfu actiott of the rcspondents in xizing the petitioner Motor Cvcle CB Slinc Front Dntnt Brnkeks Cast lNheels BSIII beaing Regd No.TS09EN0240 undar corcr o.f Panchnnama in FIR No.54p.025 dated 2.3.2025 ts illegal, nrbilrnry ntul consequently direct the respondents to rclutse the Motor Crycle heoring No.TS09EN0240 seized by the 4tt, responLlent untler r:tn,ar of Pnnclnnnma dated 3.3.2025 in FIR No.54 of 2025 daled 2.3.2025 itr futour of tlrc petitioner."

3. Bricf facts stated in this rvrit petition are that the petitioner claims that her rnothcr Shamccm Bcgurn, is the owncr of Motor Cycle CB Shine Front I Drum Brakcks Cast Whecls BSIII bcaring Regd No.T9)98N0240. The case of the petitioner is that thc rcspondcnt authorities alleging that petitioncr have consumccl gania, alcoho[ etc., registered crime in Crl.P.No.S4 of 2025 under Section 109 BNS, 27(b) NDISA and oide panchanama dated 03.03.2025, seized the vehiclc bearing No.'l S098N0240. Further case of petitioner is that inspite of petitioner's rcquest, rcsponllcnt authorities have not released the subject vehicle. Aggrieved by the sar-ne, the present writ petition is filed.

4. Lcarned Assistant Covernnrent Plcader for Home placed on record instructions issucd by lnspector of Police, Masab Tank Police Station, Hytle'rabad, wherein it is statcd that on 02.03,2025 at 06.30 hours, a complaint n'as li'dged before respondcnt No.4, sLating that one Smt Aycsha, rvas 2 manied tc pctii.ioner in the year 2017 and was blessed with 1 son ar.d 2 daughters. It is further stated that her husband has addicted to ganja and he used to corrsume it regularly, tireci of petitioner's bad habits, rnany time Smt Ayeslla, counselled him and fought rvith him to stop ccrlsumption of gania. On 02.03.2025 at around 01:00 hours, petiiioncr came arrd started abusing Smt Ayesha, in filthy language and started quarrelllng with her. Suddenly, petitioner attacked hcr with a knife and tried to kill her. When she tried to defend herself, she received bleeding iniury on her forehead and right hand, thereafter; petitioner took knuckle punch from his pocket and started punching her on her ribs and back. Latt,r, Smt A1,esha, was taken to the Osrr.ania General Hospital for treatmcnt. On conrplaint of duty doctor, crime No.54 of 2025 was registercd unrler Se,ction 109 BNS, 27 (b) NDIS Act. f)uring the course of investigation, thc Sub [nspector of pclice examined witnesses and recorded their statements anrl r,isitcd the sccne of oftencc and conducted panchanama. -On 03.03.2025, thc petitioner along with his bikc bearing No.TS09EN0240, Was brought to thc police station for investigation, wherein the petitioner voluntarily admitted his guilt in the commission of the offence. In addition to that. petitioner confessed tlut he was involved in murder case and got rernanded by thc Banaira Hills Police Station and after releasing from jail in the month of Deccmbcr 2014, he committecl several offences like snatching, thefts and other offenccs in various localitics of different police stations in Hyderabad and so far petitioner is involved in 29 cases, including petty cases. It is further statecl that the responclent authorities by serving notice under Section 47 and 48 of BNSS, arrested the petitioner and sent to \\.\\ judicial custody. Thercafter, on 04.09.2025 through Form-60, the subject _) vehicle was deposited before the jurisdictional court. / I

5. Learned Assistant Government Plcader for Home further submits that since the subject vehicle is deposited bcfore the jurisdictional court on M.09.2025, unless and until the release order from the trial court is submitted, the respondent authoritics would not be able to rclease the said vehicle.

6. At this stagc, lcarned ccunsel for the pctitioner pray this Court to Srant liberty to thc petitioncr to seck appropriatc rernedy before the trial Court.

7. In that vien, of thc matter, this w,rit petition is disposed of granting liberty to petitioner to scck appropriate remed\'' as available under law before the trial court

8. With the abovc observation, this writ petition IS disposed of Misceilaneous applications, if anv pencling, shall stand closed. No order as to To, I t Sd/.T.SRINIVASA REDDY ASSISTANT REGIST //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Department of Home, State of Telangana, TS Secretariat, Hyderabad,

2. The Commissioner of Police, Hyderabad Commissionerate,Road No.12, Banjara Hills, Hyderabad.

3. The Assistant Commissioner of Police, Hyderabad Commissionerate, Masab Tank Division, Hyderabad.

4. The Station House Officer, Masab Tank, P.S., Hyderabad. 5. One CC to SRI MD IQBAL ALI JAVID Advocate [OPUC] 6. Two CCs to GP FOR HOME ,Hiqh Court for the State of Telangana at J Hyderabad. [OUT]

7. Two CD Copies D.N/DL HIGH COURT DATED:0910912025 I .> t 1 L slAlt \1 a (_. O L T JIN NlT t SPAl ORDER WP.No.26996 of 2025 DISPOSED OF THE WRIT PETITION WITHOUT COSTS @