Disposed

Shaik Jahangir v. The State of Telangana

Telangana HC9 Jun 2023WP/11087/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the seizure of a JCB vehicle by police authorities, directing the concerned Judicial Court to pass orders on the pending application filed by the petitioner under Cr.P.C. within two days.

What did the court decide?

Directed concerned Judicial Court to pass appropriate orders on the pending application for release of the vehicle within two days.

Shaik Jahangir Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 11087 OF 2023

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Between:

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Shaik Jahangir, S/o. Shaik Dawood, Age about 38 years, Occ. Business, Rl,/o H.No.8-3-2281678/1 4571 A,Sri Ram Nagar, Yousufguda, Hyderabad

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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The Station House Officer, Chengmoul Police Station, Vikarabad District, Telangana.

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...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 particularly one rn the nature of Writ of Mandamus declaring the action of the 2nd Respondent in seizing the Vehicle bearing registration No. AP 29. U 2553 without their being any complaint in respect of the same, as arbitrary, illegal, violation of section 102 Cr.P.C., violative of Article 19(1) (g) of the Constitution of lndia.

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lA NO: 1 OF 2023

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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 2nd Respondent to forthwith release the Vehicle bearing registra on No. Ap 29 U 2553, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI MOHD ISLAMUDOTN ANSART Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY W.P.No. l lOa7 of 2023

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ORDER:

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This writ petition is filed questioning the seizure of JCB Br.No.TS 34 8064 in F.I.R No:200 of 2021, dated 11.O9.2021, under Section 379 LPC.

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Heard Sri Mohammad Islamuddin Ansari, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Home appearing for respondents.

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It is the case of the petitioner that he is the absolute owner of JCB Br.No.TS 34 8064. When the respondentPolice authority have seized the said vehicle in F.l.R No.20O of 2021, dated 11.09.2021, the petitioner has filed an application vide SR No.1401 of 2021, dated^06.12.2021 under Section 451^t /w Section^{457 of Cr.P.C seeking release} of the said vehicle.

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In batch of cases^filed by^{the petitionerfor seizureof} the vehicle and on the^{very same Crime, this Court has} directed the petitioner to flle an^{apPropriateapplication} under Section 457^r /w^{Section 457 of Cr'P'C before the}

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I I I

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Judicial Magistrate of First C1ass, Parigi, and on such application being filed by the petitioner the Judicial Court shall pass appropriate orders within three (3) days thereon.

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Learned counsel for the petitioner says that the petitioner herein has already Iiled an application vide SR No. 14O1 of 2021, dated 06.12.2021 under Section 451 r/w Section 457 of Cr.P.C and the same is pending for consideration.

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In view of the said circumstances, the writ petition is disposed of, directing the concerned Judicial Court to pass appropriate orders on the application {iled by the petitioner vide SR No.1401 of 2021, dated 06.12.2021 under Section 451 r/w Section 457 of. Cr.P.C within two (2) days from the date of receipt of a copy of this order. No costs.

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As a sequel, the miscellaneous petitions pending, if

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any, shall stand ciosed.

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SD P. MA ASSISTANT^REGI RAR

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//TRUE^COPY// SECTION FFICER

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\ fo ^-+^{eanrarariatHvrlerabad.Stateof} \ t. The Principal^{Secretary, Home Department' Secretariat' Hyderabad'} , ffs3ffiil8"^{House officer'chengmoulPolice station'Vikarabad District'} . l?383i3,Rt^{rvloHD tSLAMUDDIJ ANSART,AdvocatetoPucl} 4 . Two CC, to^{oi''i6ii"n5rvie, iigh court ioi tn'e Stateof Telangana' at} _ ._jeiaoii ioul 5. Two CD Copies PSK. GrP lr-'

HIGH COURT

DATED:0910012023

ORDER

WP.No.11087 ot 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Shaik Jahangir v. The State of Telangana

Case brief

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Shaik Jahangir v. The State of Telangana

Case brief

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