The High Court · 2025
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circumstances stated in the affidavit filed ttrcrewith, the High Court may be pleased to issue a Writ, Order or Direction more pa(icularly one in the nature of Writ of Mandamus declaring the inaction of the Vth The present petitioner filed against the in action of the Vth Respondent ,who detained .i ur wheeler white car Hindi a Crete Car, TS08ER0180 on '1108/2024 which was ir the operation of De- facto complainant who is neither owner nor any accept to 1 lke the vehicle from the petitioner to just attend some of the petrol work of De-lz :to complainant who is retuming from Annojiguda and stayed at home Anr t iiguda the De-facto complainant attend by three persons who have come to lf e house of De-facto complainant and informed that they are police on a warranl ; to be executed are De-facto complainant name when strongly opposed t re move of those unidentified miscellaneous who have come in the above ntt nber car and left the seen of offence but whereas the Vth Respondent instearl of to seized vehicle TSO8ER0130 on 510812024 without any valued proof or to t stablish any kind his being illegal Arbitrary on the Against to the principl€'s consequently direct the Respondent No.Vth to rele: of natural Justice se the vehicle of TS09ER0130. fA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Cor r may be pleased to direct the Respondent No.5 to release the Vehicle bearing No.TS 09 ER013G, White Hyundai Crete in favor of the petitioner as interim cu{il )dy pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SANNIDHIRAJA MALLESV, \RA RAO Counsel for the Respondents No.1 to 6: AGP FOR HOME Counsel for the Respondent No.7: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE N,V.SHRAVAII KI'MAR Writ Petition No.282O3 of 2025 This writ petition is liled seeking the following prayer: "...declaring the iruction of tle reqnndent lVo.5 utho detain-ed four uheeler uhite car Hgundai Creta Car TS08ERO18O on 01.O8.2O24 uthich was in the operation of Defrcto amplainant wha is neitter ou)ner nor ang arept ta take the uehicle from the petitioner to just attend some of the petrol uork of Defacto complainant who is returning from Annojiguda and stayed at Lnme Annojiguda the Defacto complainant attend bg three persons wlto ltaue come to the Lnuse of Defocto complainant and informed that they are polie on a uarrant is to be executed are Defacto complainant name tuhen stronglg opposed tle moue of those unidentifod miscellaneous u.tho haue come in tte aboue number car and lefi the s<xne of offen-e but u-thereas the Vth Respondent instead of to seized uehicle TSOSEROL3O on O5.O8.2024 utitlaut ang ualued proof or to establtsh ang kind his being illegal Arbitrary on the Against tn the pinciples of natural Justice consequentlg direct the Respondent No Vth to releav the uehi& of T509qRO130..." 2
2. Heard learned counsel for the 1t :titioner and learned Assistant Government pleader for Hrr ne appearing on behalf of respondent Nos. I to 6. With their consent, this writ petition is taken up for disposal. Notice 1 I respondent No.7is dispensed with.
3. The facts of ttre case in brief as statr: OI.O8.2O24 at about 21.00 hours respoj received a complaint from respondent No.7 I are that on Ldent Police vherein it is stated that on 13.05.2O24, petitioner came t r India from USA on a business trip and that at about 4. complainant went to SBI, Annojiguda Brar:< coming out, three unknown persons claiminlJ came from White Hyrrndai Creta Car an: complainant's way and threatened him to ge car, if not they would : inside the kill him. When the :omplainant started shouting, the accused persons flecl awav from there. Accordingly, the complainant lodgec complaint before respondent police and Police registerr'l a case in Cr.No.358/2024 under Sections 126(21,35tPl and 204 BNS on OI.OB.2O24. During the 05.08.2024, the respondent police issued rr ,l.ice under rnves ,: 3ation, )O PM when h and after to be Police obstructed --7 J Section 941 L79 BNSS to GuidapatiAveena to produce his white Creta Car for inspection and after verification, it is found that car is in the name of petitioner's Company. Accordingly, the car was kept in the custody of Investigation Oflicer. Questioning the same, the present writ petition is hled.
4. karned Assistant Government Pleader for Home placed a copy of instructions issued by Sub-Inspector of Police, Pocharam IT Corridor, Rachakonda Cornmissionerate and would submit thaton the complaint of respondent No.7, FIR was registered against the petitioner and the subject vehicle was seized, however, after completion of investigation, respondent Police directed the petitioner to collect the alleged car, but as on date, no one approached the Police Station to collect the car. It is further submitted that respondent Police is ready to handover the subject car to the petitioner.
5. In that vieu, of the matter, this writ petition is disposed of with a direction to petitioner to approach concerned Police Station and receive the Police 4 andrespondent authorities are directed 1r follow due procedure as contemplated under law in ret,- -ning the car which is the subject matter of this writ petitrr,r Miscellaneous petitions, pending, if any shall stand closed. However, there shall be no order as to osts. ASi SD/. M. NAGAMANI iISTANT REGISTRAR \ //TRUE COPY// N. \PEcr ION OFFICER To 1 The Principal Secretary, Department Home A Saifabad, Hyderabad. tr! , State of Telangana,
2. The Director of General of Hyderabad. Police, Telangana ttate, Lakidika pool,
3. The Commissioner of Nedermet, Secunderabad. Police, Rachakonda po i, e Commissionerate, 4 The . Deputy commissionerate of porice, iachakonda porice Commissionerate, Hyderabad.
5. The Assistant commissioner oI porice- Rachakonda pr <;e commissionerate, Pocharam, Ghatkesar, Ranga Reddy Olstrict.- - -- Pocharam, Ghatkesar Mandal, nanba neOOy-fiistrict.
6. The Station House Ofiicers, _pS, pocharam lT Crr ndor police Station, 7. One CC to SRt SANNTDHIRAJA MALLESWARA RAO, I ovocate tOpUCl 8. Two CCs to GP for Home, High Court for the St rte of Telangana at 9. Two CD Copies Hyderabad. [OUT] MP TJ &, HIGH COURT DAT ED: 912025 IHE S ? tl3 t'tr! 2.126 :i :.j (1 .$'/, - ),.! >t '.._\%iq'*.9 ORDER WP.Ncr 28203 ot 2025 DISPOSING OF THE \Ill RIT PETITION WI]T {OUT COSTS T.q ze\>.\re