Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 18189 (AP)

BANDARU LAKSHMI NARAYANA v. THE STATE OF AP

WP/12541/2025 · 2025-05-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

E>»: IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12541 OF 2025 Between: Bandaru Lakshmi Narayana, S/o Lakshmana Rao, Aged about 37years, Occ: Agriculture, R/o Lakkavaram village Jangareddigudam Mandal, Eluru District. ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District 2. The Station House Officer, Lakkavaram Police Station, Eluru District. 3. The Sub-Inspector of Police, Lakkavaram Police Station, Lakkavaram, Eluru District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly in the nature of writ of Writ of Mandamus declaring the action of the Respondent No. 3 to seize the motor cycle bearing no. AP 37 DJ 6543, Activa 5G in connection with Crime No. 13 of 2025 registered by Respondent No.2 is highly illegal, arbitrary, unjust and against the Article 14, 20,300-A of the Constitution of India and also against the Section 106 of BNSS Act 2023 and also against the Principles of Natural Justice and consequently direct the Respondent Nos. 2 and 3 to release the motor cycle bearing no. AP 37 DJ 6543, Activa 5G to Petitioner. lA NO: 1 OF 2025 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 Respondent Nos. 2 and 3 to release the motor cycle bearing no. AP 37 DJ 6543, Activa 5G to petitioner pending disposal of the case. Counsel for the Petitioner: SRI G VV S VARA PRASAD Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER 1 WP No.12541 of 2025 iT APHC010252152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12541/2025 Between; ...PETITIONER Bandaru Lakshmi Narayana AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GVVS VARA PRASAD Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 WP No.12541 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.12541 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for Home. 2. The learned counsel for the petitioner submits that the petitioner is arraigned as A.1 in Crime No. 13 of 2025 of Lakkavaram Police Station, Eluru, registered for the alleged offences under Sections 292, 296 read with 3(5) of BNS and Section 6 of Indecent Representation of Women (Prohibition) Act, 1986 and 34(A) of A.P. Excise (Amendment) Act, 2020. 3. It is submitted that the petitioner/A.1 and A.2 have arranged a party in a private farm. The police, on 19.01.2025 at around 02:30 A.M., have arrested the petitioner and others and the motor cycle belongs to the petitioner was seized by the police. 4. The learned counsel for the petitioner submits that no liquor bottles were found or seized from the motor cycle of the petitioner by the police to seize the said vehicle. 5. The learned counsel for the petitioner submits that at around 10 persons attended the party and 26 liquor bottles were seized. Even as per the Excise Act, number of bottles was within the permissible limit. 3 WP No.12541 of 2025 H 6. The learned Assistant Government Pleader for Home, on instructions, submits that the vehicle was detained at the police station and not surrendered to the Magistrate Court. 7. Considering the submissions, it is evident that the vehicle belongs to the petitioner is not involved in commission of the alleged crime. The seizure of the vehicle belongs to the petitioner, though the same is not involved in any crime, is an act of high handedness by the Station House Officer. 8. Considering the submission of learned counsel for the petitioner that the vehicle would be exposed to weather and would depreciate if it is detained in the police station without any crime or reason, this Court deems it appropriate to direct the respondent to release the two wheeler (Activa 5G) bearing No.AP 37 DJ 6543 on submission of a copy of RC to the 3'"'^ respondent. 9. With these observations, the Writ Petition is disposed of. There shall be no order as to costs. 10. Miscellaneous petitions, if any, pending in this writ petition shall stand SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR closed. //TRUE COPY// KSECT! OFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District 2. The Station House Officer, Lakkavaram Police Station, Eluru District. 3. The Sub-Inspector of Police, Lakkavaram Police Station, Lakkavaram, Eluru District. 4. One CC to Sri G VV S Vara Prasad Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies HIGH COURT DATED:07/05/2025 lit lunN’tW) ir.^ ORDER -yf.--' WP.No.12541 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS