Disposed

Shaik Zakir v. The State of Telangana

Telangana HC9 Jun 2023WP/11631/2023

Case brief

AI extract

What is this about?

Petitioner challenged seizure of his vehicle under Cr.P.C. without a complaint. Court noted the Magistrate had granted interim custody under Section 451 read with 457 Cr.P.C. Thus, writ petition case no longer survives and is disposed of.

What did the court decide?

Writ Petition dismissed as cause of action subsists in criminal proceedings where Magistrate granted interim custody. No order as to costs.

Shaik Zakir Vs The State of Telangana — Property and Title | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat 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 HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITIO N NO: 11631 0F 2023

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Between:

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Shaik Zakir, S/o. Shaik Dawood. Age about.31 years, Occ. Business, Rl/o. H.No.g-3_ 22816781'14571A, Sri Ram Nagar, y5usufgrOj, ii@ijOiO.

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...PET!T!oNER

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AND

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The state of reranoana, Rep. by its principar Secretary, Home Department, Secretariat, Hyderabao.

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The station House officer, chengmour porice station, vikarabad District. Telangana.

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Petition under Articte 226 of the Constitution of tndia ,;it:",?],'fi"[: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction more particurarry one. in the nature of wRrr oF MANDAMUS decraring the action of the 2nd Respondent in seizing the vehicre bearing registration No. Ap'r0 v 9167 without their being any complaint in respect of the same, as arbitrary, irtegar, vioration of section 102 Cr.P.C., violative of Article 19(1 ) (g) of the Constitution of tndia.

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lA NO: 1 OF 23

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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 rerease the Vehicre bearing registration No. Ap 10 V 9167, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI MOHD ISLAMUDDIN ANSARI Counsel for the Respondents: Gp FOR HOME

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The Court made the following: ORDER

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, I

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I I

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HON']I,E SRI JUSTICE C.V.BHASKAR REI)DIT

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W.P.No.1163 | of 2o23

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ORDER:

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'lhis Writ It'ljtion has been filed questi,tninB tlre seizrtre of petitioner's veh icLe l;earit-tg No.Al) 10^V 9167^by res:r:nd:nt^No.2 - Station LIous< Olficerr, Chengomul Police Statilr:,^Vikarabad Dist rict^.

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Tl-re petiti )r'Ler claims that he is doing busint's:;ⁱ r^running the heaw mot{r lrehicl(: along with his father zrncl^b'other. It^{is the} case of the pe it rorrer that "r'ithout any complirint^{irr resl>ect ol the} subiect vehir:le , rcspondent No.2 has seized^t tt: same^and registered the r: rse in Crime No.2O0 of 2O2l dated^{I I .Oll.2O21fot} the offenct' pur is,hable under Sectio n 379 lPC. lt^ir; his further case that thouEh the subject vehicle was seized on 11.09,2021,^the same was noI J roduced immediately before thr: learot,d Ulagistrate concerned ancl tl-e said vehicie u.as kept under the.r corrtrol, due to rvhich, the: :;ul;ject vehicle may get damagt¹¹ an t he has suffr:rerl finan<: al krss. In view of the same, he is c<:nst-rained to approach lhis; L orrrt by hling the present Writ ['etition.

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Vide irte r-irn order datecl 25.O4.2023, th.s C:urt^has permitted the p.rt rlioner to file an application afresh undr:r !::tigC----

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451 Cr.P.C. read with Section 457 Cr.P.C. before the ledrned Judicial Magistrate of First Class, Parigi, seeking release of the subject vehicle.

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It is represented that in pursuance of the above said order, the petitioner has filed such application before the learned Magistrate concerned for release of the subject vehicle and the learned Magistrate has granted interim custody of the subject vehicle.

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In view of the above, the canrse in the present Writ Petition no longer survives for consideration. However, the petitioner shall prosecute the criminal proceedings before the learned Magistrate concerned.

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Subject to the above, this Writ Petition is disposed of.

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