The Central Bank of India Vs The State of Andhra Pradesh

KARIPALLI NAGA RAJU GANDHI, S/O. VENKATESWARA RAO, AGED 52 YEARS, R/O. D. NO. 1-18, CHANAKYAPURI COLONY, ASHOK NAGAR, ELURU-534 002, WEST GODAVARI DISTRICT.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ order or direction, more particularly a writ in the nature of WRIT OF MANDAMUS, declaring the action of the 2nd Respondent in interfering with the seizure of the vehicle bearing No. AP 37 DE 4779, Hyundai Creta white colour, by the Central Bank of India, Eluru, in default of payment of the loan amount, as illegal, highhanded, arbitrary and unlawful and consequentially direct the 2nd Respondent not to interfere with the day to day affairs of the Bank in the guise of pending investigation in FIR in

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Cr. No. 34/2019 dated. 03/02/2019, III Town Eluru Police Station and allow the Petitioner to proceed further with the seizure vehicle as per law,

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IA NO: 1 OF 2019

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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 restrain the 2nd Respondent from interfering with the seizure of the vehicle bearing No. AP 37 DE 4779, Hyundai Creta white colour, in the guise of investigation in the FIR in Cr. No. 34/2019 dated: 03/02/2019, III Town Eluru Police Station, pending disposal of the main Writ Petition

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Counsel for the Petitioner:

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1.M L ALI

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Counsel for the Respondent(S): 1.GP FOR HOME (AP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

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WRIT PETITION No.11212 of 2019

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ORDER:

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Though the matter is posted today under the caption “For Dismissal,” there is no representation for the writ petitioner. Even on the earlier occasion, there was no representation on behalf of the writ petitioner.

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Sri R. Mallikarjuna Rao, learned Assistant Government Pleader

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for Home, representing respondent Nos. 1 and 2, is present.

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The present writ petition is filed declaring the action of the 2^nd respondent in interfering with the seizure of the vehicle bearing No. AP 37 DE 4779, Hyundai Creta, white colour, by the Central Bank of India, Eluru, on account of default in payment of the loan amount, as illegal and arbitrary, and consequently seeking a direction to the 2^nd respondent not to interfere with the day-to-day affairs of the Bank in the guise of investigation in FIR No. 34 of 2019 dated 03.02.2019 on the file of the III Town Police Station, Eluru.

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The learned Assistant Government Pleader for Home, on written instructions, submitted that after completion of a full-fledged investigation in Crime No. 34 of 2019, an appropriate charge sheet was filed against accused Nos. A1 and A2 before the Court of the

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learned II Additional Judicial First Class Magistrate at Eluru on 11.06.2019, and the same was taken on file as C.C. No. 644 of 2019, and that the accused are facing trial. He further submitted that the 2^nd respondent–police never seized the subject vehicle and that the same is not required for the purpose of investigation, since the charge sheet has already been filed. He also submitted that the respondent authorities never interfered with the seizure of the subject vehicle and prayed for dismissal of the present writ petition.

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In the light of the above facts and circumstances of the case, the present Writ Petition is dismissed for non-prosecution. There shall be no order as to costs.

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As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed.

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______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 2^nd March, 2026 cbn

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

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WRIT PETITION No.11212 of 2019