Disposed

Sri S. Sanjeeva Rao v. The Government of Andhra Pradesh, Department of Home

Telangana HC20 Dec 2013WP/37377/2013

Case brief

AI extract

What is this about?

Petitioner challenged the illegal seizure of his lorry by Police. The Court directed respondents to produce the vehicle before the jurisdictional Magistrate pursuant to the registered FIR. The Writ Petition was disposed of.

What did the court decide?

Directed Respondent No.2 to produce the seized lorry before the jurisdictional Magistrate forthwith.

Sri S. Sanjeeva Rao Vs The Government of Andhra… — Property and Title | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.37377 of 2013

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Dated:20.12.2013

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Between: S.Sanjevva Rao, S/o Sri Ramulu

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…Petitioner

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And

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The Govt of AP, reptd by its Principal Secretary, Home Department, Hyderabad and two others.

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…Respondents

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Counsel for the petitioner: Sri N.Gangadhar

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Counsel for respondent Nos.1 & 2: AGP for Home Counsel for respondent No.3: AGP for Revenue

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The Court made the following:

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ORDER:

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This Writ Petition is filed for a Mandamus to declare the action of the respondents, in seizing the lorry bearing registration No.AP 31-TW-3878 belonging to the petitioner, as illegal and arbitrary. The petitioner sought for a consequential direction to respondent No.2 to release the said lorry to him.

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The above-mentioned lorry of the petitioner was seized by the Probationary Sub-Inspector of Police on 17.12.2013 on the allegation that it was used for committing theft of sand. F.I.R.No.93 of 2011, dated 17.12.2013, was registered by respondent No.2 under

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Section 379 IPC.

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The learned Assistant Government Pleaders for Revenue (Andhra Area) and Home submitted, and in my view rightly, that as a criminal case is registered for a cognizable offence following the seizure of the lorry, respondent No.2 is bound to produce the seized vehicle before the jurisdictional Magistrate. The learned Assistant Government Pleader for Home has stated that since the Writ Petition is a fresh one, she has not received instructions. If the lorry has not been produced before the jurisdictional Magistrate so far, respondent No.2 is directed to produce the same before the jurisdictional Magistrate forthwith. The petitioner is permitted to make an application before the jurisdictional Magistrate for release of the said lorry. The Writ Petition is, accordingly, disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.46519 of 2013 is disposed of as infructuous.

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_______________________ C.V.NAGARJUNA REDDY, J

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20^th December, 2013 DR

Sri S. Sanjeeva Rao v. The Government of Andhra Pradesh, Department of Home

Case brief

What is this about?

What did the court decide?

Sri S. Sanjeeva Rao v. The Government of Andhra Pradesh, Department of Home

Case brief

What is this about?

What did the court decide?

What the court decided

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