Sayyad Sajjad Hussain v. The State of Telangana, Home Department

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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the officials respondents, more particularly respondent No.3 police station in neither informing the petitioner the information particulars required for the petitioner who is the owner of the vehicle, Maruti Suzuki Grand Vitara 2023 model Car bearing Registration No AP4OBL 326'1 , Engine No.K15CN7204109, Chasis No.MBJTYKL ISPH 1689'1 4' allegedly seized by the respondent No.3 officials nor granting custody of the vehicle its owner i.e., the petitioner herein, despite having produced all the ownership documents before the respondent No.3 police officials, as illegal, arbitrary, unconstitutional and violation of Article 14,21 0f the constitution of lndia, consequently, direct the official respondents more particularly respondent No.3 I I herein to take necessary steps informing the petitioner z I out the information particulars necessary for the petitioner to seek custody o his vehicle, Maruti Suzuki Grand Vitara 2023 model Car bearing Registratior No.AP4OBL 3261, Engine No.K15CN7204109. Chasis No.I\/BJTYKLlSPH 1681 4. fA NO: 1 OF 2025 Petition under Sect on 151 CPC praying that in the : in the affidavit filed in support of the petition, the High Cour direct the official respondents more particularly responden. necessary steps informing the petitioner about the ir i necessary for the petitroner to seek custody of his vehicle, I ViIara 2023 model Car bearing Registration No.APr,r No.K1 5CN7204109 Chasis No. IVBJTYKLISPH 168914, rcumstances stated may be p leased to \o.3 herein to ta ke rmation particu la rs laruti Suzuki Grand BL 3261 , Engine end ing d isposal of th is writ petition Counsel for the Petitioner: SRI YEMMIGANUR SOMA SRIN 6 fH REDDY Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31113 of 2025 ORDER IJearcl learned counsel for the petittoner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. lVith their consent, this writ petition is being taken up for ciisposal at thc aclmissiorr stage itself

2. This writ petition has been filecl seeking the following prayer:- "kt declare tlv oction of tlrc olfciils respotrdents nnrc pnrttcllttrly resporubnt No.3 police station tn rLeither hfonning tlrc petitiotw the infornntion particulnrs required for tlrc petittoner ruln is the otuner of the uelicle, Maruti Suzuki Grrtnd Vinrn 2023 ntodel Av betring Regis tration No. AP4O B I- 3261, Engine N o. K1 SCN 7204709, Cha sis Nh.MBITYKLlS PH 168914, alLegedLy seized by tlrc rcspondent No.3 officLnls nor granting crlstody of the oelicle its ortryer i.e., the petitioner lLtrcin, despite haoing produced sll tle ottnership doctnenls bclorc tlte respondent No.3 poliu oJficinls, as illegal, arbitrary, uttconstr tu trottnL ntd ttiolntion of Article 14, 21 o.f Lhe Constittttion of Indfu conseryLently direct the ofJtcinL responderLts more par tiatltrly respotulent No-3 lu:rein to toke teussnry steps informing the petitioner nbotrt tlrc infornt iort puticulars necessnry for tlrc petitioner to seek custody of ltis rdricle Maruti Srlzuki Granrl Vitara 2023 modeL Car benrittg Registrution No.AP4OtsL 3261, Enginc No.K75CN7204709, Chttsis No.MBlT YKL't SP H 16 8974." 3- Brief facts stated in this writ petition are that the petitioner ciaims to be the owner of Maruti Suzuki Grand Yilara 2023 model Car bearing Registration No.AP4OBL 3267, Engine No.K15CN7204109, Chasis No.MBJT'YKLISPH 16891,4, having purcl-rased the same in the year 2023 on installment basis. Thereafter, petitioner suffered with pyrolysis and had offered to sell the car to Mr.Peruri Kethan Prince, on a condition that remaining monthly instalments of the car shall bc paid by him to thc financer ancl to that effect, agreement dated 15.08.20?4, was executed. Later, rvhen N4r.Peruri Kethan Prince, failed to pay the instalments, petitioner lodged a 2 compiaint before the police, Draksharama, Dr.B.R.Al: bedkar Konaseema ;' District, Andhra pradesh and Crimc No.191 of 2025 u,, s registered against Mr'Peruri Kcthan pri^ce and on er-rr1uiry, it was revealerr that the said pcrso, u,as not in posscssion of the subjcct car and he had ill,gallv conver.ccl thc sarne to some unknor.vn lrcrson. Tlre case of petitioner I that thc sublect car was in the custodlr of police, Kukatpally in pursuant t r sortre othcr crime registcred beforc rcspondent No.3 and the petitioncr re luested rcsponrlcnt No 3 t. gr:,.rt custocrl' of the subject vchicre, however, ti- r same was refusecl by respondent No.3, Aggrieved by the same, the present r' rit petition is filed. 4 Lcar^ecl Assist.rrt Gove-l,ent preader for Honr. placed on recorcr ins[ructions issueci b' sub-rnspector of police, Bachu: rlly police station, Cyberabacl co..rissi.ncrate, w,herein it is stated thal rn 26.04.2025, one Sri Kalumula Vikas, lodgcd a complaint before responcler:s No.3 stating that in the month of Novcrnbcr, 2024 he gave his Grancl Vita-. bearing No.Ap 40 BL 3261 and his friends car bcari.g No.TS05Fp6656 (gr rnd vitara bearing 't .. No.TS13EQ2422 XL-6) to Sri.Maadupuri Kiran Kumar (j.r rudar.y, for cinema shooting in rental basis. It is further submitted that first tlt ee months he paid car rents and after that he stopped to give monthly ren;r and did not gave proper responsc. On complaint 26.04.2025, crime No jB7 ol 2025 was registered undcr Section 379(4), 376(2) BNS and dur.i rg the course of invesLigation, five witnesses were examined and their c:tailed statements were recorded. fhereafter, investigating officer seized thr re car.s i.e., Grand Vitara car bcaring No.Ap40BL3261, Grand vitara car beari rg No.TS05Fp6656 and XL-6 Car bearing No.TS13Ee2422 and after serving nc :ice under Section 35(3) BNSS' respondent authorities filed charge sheet in c. r.No.1437 of 2025 J and the same is pending or-r ihe file of XII ALlditional Judicial Magish_are, Kukatpally at Prashanthi Nagar, Cyberabad (hereinafter referred as Trial Court). lt is further submitted that tfuough Form-60, the subject vehicles were deposited before the trial court. 5 l carncd Assistant covernment pleader for Home further submits that sir-rce the subjcct 'ehicle is dcposited before the trial c.urt, unlcss and untir the release order from the hial court is submitted, the respondent authorities r'vould not be able to rclease thc subject vehicle.

6. At this stage, learned counsel for the petitioner pray this Court to grarlt liberty to the petitioner to seek appropriate remedy before the trial Court. 7. ' In that view of the matter, this writ petition is disposed of granting liberty to petitioner to seck appropriatc remedy as available under law before the trial cou rt.

8. With the above obscrvation, this writ petition is disposecl of. Miscellaneous applications, if any pending, shall stand closed. No orcler as to c osts. To //TRUE COPY// Sd/- M. JAWAHAR REDDY ASSTSTANT2EGTSTRAR SECTITTN oFFICER 1 2 The Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad, State of Telangana. The Commissioner of Police, Cyberabad Police, Gachibowli, Hyderabad, Telangana State.

3. The Station House Officer, Kukatpally Police Station, Kukatpally, Hyderabad, Telangana.

4. One CC to SRI YEIMIIIGANUR SOMA SRINATH REDDY, Advocate IOPUC] 5. Two CCs to GP for HOME, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSRYMP ;eL. HIGH COURT DATED:1 411012025 ORDER WP.No.31113 of 2025 f \

5. ) IH: sraI e 1 6 ! ;trJlb * .St:rr \ .'\ I I I i I .>. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,<S -i qH* l j I I I I I