Petitioners sought a writ of mandamus directing police to produce vehicles seized in Crime No.189 of 2017 before the trial court for release. During pendency the criminal case ended in conviction with fine. The High Court held nothing survived and dismissed the writ petition as infructuous, without costs.
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132171
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)
TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION NO:336'19 oF 2017
Between:
...PETITIONERS
AND
..RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in ttre affidavit filed therewith, theHtgh Courtmay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the aclion of therespondent No.3in not producing the vehicles in Crime No.189 of 2017 before the trial Court enabling the petitioners to get release their vehbles pending disposal of the trial as arbitrary,
illegal,colourableexerciseofpowerandviolativeofth.:fundamentalrights guaranteedtothepetitionersunderArticlesl4,.tgand2l<ltheConstitutionof lndia and consequentlydirect the respondentNo'3 to pro( uce the vehiclesin crime No.,l89of 2017before the trial courtenablingthe pelil oners to get release their vehiclespending disposal of the trial.
l.A. NO:'l oF2017(wPMP.NO:4'1826oF 20171
Petition under section151 CPC praying that in the cir rumstances statedin the affidavitfiled in support of the petition, the High court mit' be pleased to direct the respondentNo.3 to releasethe vehicles in crime No.18(of 2o17in favour of thepetitioners, pending disposal of the above Writ Petition'
Counsel for thePetitioner:SRI SANJEEV GILLEIA
Counsel for the Respondents:SRIM.SRINIVAS, AGPFOR IOME
The Court madethe following: ORDER
THE HONOT'RABLEstRI JUSTICE N.TUKARAIIJI
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WRIT PEtrITIONNo.33619OF 2Ol7
ORDER:
This Writ Petition isfiled with the following relief:
"...toissue an aPpropriatewrit, Orderor directir:n more particularly or* in tt " .r^toi.of writ of MandaEusdeclaringt]:e actionof the respondent No.3in not producingtlle vehi'clesilr CriEe No l89 of 2017 U.for. tt" tria-l Courtenablingthe petiti'onersto getrelease their ueftictes penaing disposal of th.trAf a" arbitrary, illegal, colrxrrable e*.rcise ofpo-e-r "lld\riol"tir.of thefundamentalrights guaranteed to ihepetitioners underArticles 74, lg arld 2l of the Coostitution.of India and'consequentlydirecttherespondent No.3to produce thevehicl'esin crime No.189 oizotzt"fo.e th€ trial Court enabling the petitionersto get release their vetriclespending disposalof the trial"""
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adjudication, byjudgment dated O3.O4.2O21,the accused were for:nd guilty and each was sentenced topay rfrne of Rs. 35,0OO/-. Hence, in view of the said developmen tthe grievance raised by tJre petitioners does not survive forconsic eration.
Miscellaleous Petitions, pending if any, shall stand closed.
SdT P"C. SULEKHADEVI ASS TSTANT RtGlsrRAR ,/ //TRUE COPY" SECT\6N OFFICER
To t. One CC to SRI^SANJEEV GILLELA' Advocate tOPUCri ate of Telangana, at i: il; CC;i"-Gpfor HoME, Hish Court for the Hyderabad. [OUT] 3. Two CD CoPies
PSK.A,IP w-,/
HIGH COURT
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DATED:0711012025
ORDER
WP.No.33619 ot 2017
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DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS 'l t,/ L ,.)h).t znlt@a
1 issue framed by the court
Whether police inaction in not producing vehicles seized in Crime No.189 of 2017 before the trial Court warranted mandamus for their release.
1 provisions across 1 enactments
Bathini Sathaiah
Sandiri Roja
Bhairi Yadagiri
M.Bhaskar
Uppari Vuaya Kumar
Dasari Srinivas
N.Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
