Dismissed

Gadila Chandra Mathi v. The State of Telangana and 3 others

Telangana HC11 Sept 2020WP/15404/2020

Case brief

AI extract

What is this about?

In a Writ Petition under Article 226 read with Section 151 CPC, the High Court of Telangana addressed a plea for the release of a vehicle seized in connection with a pending criminal investigation. The Court held that no direction for release could be issued while the investigation was in progress but granted the petitioner liberty to approach the jurisdictional Magistrate for temporary custody. T

What did the court decide?

Petitioner granted liberty to approach jurisdictional Magistrate for temporary custody of the vehicle.

Gadila Chandra Mathi Vs The State of Telangana and 3… — Motor Accident Claims | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA

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(Special Original J urisdiction)

¶3

FRIDAY ,THE ELEVENTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY

¶4

PRESENT

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THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION NO: 15404 OF 2020

¶7

Between:

¶8

Gadrla Chandra [/]athi, W/o. Late Gadila Hari Prasad, Aged about 40 years, R/o. Flat No.1-l First Floor, A G Towers, Behind SBH, AG Towers, I,4edchal tr4alkajiri.

¶9

..,PETITIONER

¶10

AND

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1 The State of Telangana, rep. by its Principal Secretary Secretariat Buildings, Hyderabad.

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2 The Commissioner of Police, Rachakonda.

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3 The Station House Officer, Nacharam Police Station, Rachakonda.

¶14

4 Likith Reddy, Sio Tilotham reddy Aged about 25 years, Occ R/o. Padmanagar Phase 1, Quthbullapur, Hyderabad, Telangana 500055

¶15

..RESPONDENTS

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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 an appropriate writ, order or direction more in the nature of Mandamus, declaring the inaction of the respondents rn releasing the petitioners vehicle i.e., [,4aruti Baleno Delta bearing Registration No. TS 07 EV 0289 which is seized in relating to Crime No. 291 of 2020, dated 2310712020 by the respondent No.3, in spite of the readiness to furnish third party surety, as being illegal, arbitrary and unjust and consequently direct the respondents to release the petitioners vehicle i.e., l,4aruti Baleno Delta bearing Registration No. TS 07 EV 0289, which is seized in relating to Crime No. 291 of 2020 by the respondent No.3.

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lA NO: 1 OF 2020

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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 direct the respondents to release the petitioners vehicle i.e., Maruti Baleno Delta bearing Registration No. TS 07 EV 0289, which is seized in relating to Crime No.291 of 2020 by the respondent No.3 pending disposal of the above writ petition.

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Counsel for the Petitioner:SRl. KATIKA RAVINDER REDDY

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Counsel for the Respondent Nos. 1 to 3: AGP FOR HOME

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Counsel for the Respondent No. 4: _

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The Court made the following:

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¶24

THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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u/RIT PETITION No.15404 OF 2O2O

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 3.

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Petitioner claims to be the owner of motor car bearing registration No.TS 07EV 0289. According to petitioner, the vehicle was borrowed by a neghbour, respondent No.4, and he seems to have been involved in a crime. Crime No.291 of 2020 was registered against respondent No.4 in Nachayarm Police Station and the above vehicle is involved in the said crime. This writ petition is filed praying to direct the respondents to release the vehicle.

¶29

Since the vehicle is involved in crime and investigation is in progress, at this stage, no direction can be issued to the police to release the vehicle. Horr,,ever, liberty is granted to the petitioner to filc appropriate application before the jurisdictional Magistrate seeking to grant temporary custody of the vehicle.

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Granting the said liberty, the writ petition is dismissed Pending miscellaneous petitions shall stand closed.

¶31

SD/-B.SATYAVA ASSISTANT REGIS R //TRUE COPY//

¶32

SECTIO OFFICER

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To 1. One CC to Sri. Katika Ravinder Reddy, Advocate (OPUC) 2. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad (ouT) 3. Two CD Copies.

HIGH COURT

DATED:1^{1 /09/2020}

ORDER

WP.No.15404^{ol 2020}

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¶40

Dismissing^{the WP}

¶41

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Gadila Chandra Mathi v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Gadila Chandra Mathi v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

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