Allowed

Smt. Billu Chandrika v. The State of Andhra Pradesh

Andhra Pradesh HC8 Dec 2022WP/35313/2022

Case brief

AI extract

What is this about?

The Court directed the release into interim custody of a seized car owned by the petitioner. The Police had detained the vehicle contrary to Section 102 CrPC and misused it for travel. Disciplinary action was initiated against the errant police officials.

What did the court decide?

Release of the vehicle (AP 39 LG 0306) into the interim custody of the petitioner forthwith, subject to further orders of the Jurisdictional Magistrate.

Smt. Billu Chandrika Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO.35313 of 2022

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ORDER:

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The petitioner claims ownership of Suzuki Swift ZXI+ Car bearing registration No.AP 39 LG 0306. She also claims ownership of a mobile phone with a Sim No.9966326777. The petitioner has produced the certificate of registration issued by the Transport Department showing that she is the owner of the said vehicle.

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The vehicle of the petitioner had been seized on 02.09.2022 in Crime No.92 of 2022 on the file of the I Town Police Station, Srikalahasthi, for the offences under Sections 307, 341 and 323 read with Section 34 of Indian Penal Code. This case had been registered against the brother-in-law of the petitioner as well as the other accused persons.

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After the seizure of the vehicle, the petitioner had approached the 4^th respondent, who did not release the vehicle or the mobile phone of the petitioner and the same

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have been kept within the compound of the I Town Police Station, Srikalahasthi.

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The petitioner has now approached this Court for release of the said vehicle.

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The petitioner also contends that the 4^th respondent instead of producing the vehicle before the concerned Magistrate, as required under Section 102 of Cr.P.C., had continued to detain the vehicle, which was thereafter misused by the Police personnel, who used the car to travel to Tamil Nadu State. This Court had directed the Superintendent of Police, Tirupati Urban to verify these allegations. After enquiry, the Superintendent of Police, Tirupati District has now filed a counter affidavit in which it is stated that one Sri J. Hemadri, PC 1745 and Sri N. Ravi, PC 865 of Srikalahasti I Town Police Station had unauthorizedly taken the vehicle for investigation in another crime to the state of Tamil Nadu and that disciplinary action has been initiated against these persons along with Smt. C.H. Anju Yadav, Inspector of Police, Srikalahasti I Town Police Station.

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It is apparent that there has been a clear dereliction of duty in this case requiring this Court to intervene.

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Accordingly, the vehicle bearing No. AP 39 LG 0306 shall be released into the interim custody of the petitioner forthwith, subject to further orders by the Jurisdictional Magistrate, in relation to the final disposal of Crime No.92 of 2022.

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However, the petitioner shall, pending further orders from the jurisdictional Magistrate, retain the vehicle and ensure that the said vehicle is neither alienated nor altered in any manner, pending disposal of the Crime No.92 of 2022 either by way of subsequent cognizance or closure of the case. There shall be no order as to costs.

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Miscellaneous petitions, pending if any, shall stand

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closed.

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____________________________ R. RAGHUNANDAN RAO, J

08.12.2022 MJA

160

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION NO.35313 of 2022

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08.12.2022

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MJA

Smt. Billu Chandrika v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt. Billu Chandrika v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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