APHC010260432021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15069/2021 Between: 1. SHAIK VALLI AHMAD, S/O SHEIK KHADAR MASTHAN AGED. 45 YEARS RIO SHIVALAYAM STREET GUDUR,NELLORE DISTRICT,A.P-524101 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI,AMARAVATI. . 2. THE INSPECTOR OF POLICE, CENTRAL CRIME POLICE STATION, TIRUPATHI URBAN ,CHITTOR DISTRICT. 3. THE STATION HOUSE OFFICER, CENTRAL CRIME POLICE STATION, TIRUPATHI URBAN ,CHITTOR DISTRICT. 4. SRI SHAIK SAMEER, S/O SHAIK HUSSAIN, AGED ABOUT 45 YEARS, OCC BUSINESS R/O D.NO.7-9-58, 1ST LANE, VENGAIAH NAGAR, NEAR DONKA ROAD, GUNTUR -522001, GUNTUR DISTRICT , A.P. CELL -9381411883. R4 IS IMPLEADED AS PER THE COURT'S ORDER DT.13.02.2025 IN I.A.NO. 01 OF 2022. ...RESPONDENT(S): 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 to issue a writ or direction more particularly in the nature of writ of Mandumus declaring the action of the Respondents in issuing notice under 2 section 91 of CRPC dated 13-7-2021 in Cr.No.04/2021 on the file of the 3rd Respondent police seeking to produce the cars 1.Etios Liva Car Reg.NO.AP04 DC 5234 2.Toyota Innova Car Reg.No.AP09 BU 9090 3.Nissan Terrano Car Reg.No. AP04 AT 2786 4.Maruti Waganor Car Reg.No. AP 16 CP 5657 as illegal, arbitrary, exceses to jurisdiction and violatio of Art 14 of the Constitution of India and consequently set a side the same by directing the Respondents not to require the Petitioner to produce the cars 1..Etios Live Car Reg.no.AP04 DC 5234 2.Toyota Innova Car Reg.No.AP09 BU 9090 3.Nissan Terrano Car Reg.No. AP04 AT 2786 4.Maruti Waganor Car Reg.No. AP 16 CP 5657 and to pass IA NO: 1 OF 2021 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 suspend the notice under section 91 of crpc dated 13-7-2021 in Cr.No.04/2021 issued to the petitioner by directing the Respondents not to require the Petitioner to produce the cars LEtios Live Car Reg.NO.AP04 DC 5234 2.Toyota Innova Car Reg.No,AP09 BU 9090 3.Nissan Terrano Car Reg.No. AP04 AT 2786 4.Maruti Waoanor Car Reg.No. AP 16 CP 5657 pending disposal of the above writ petition and to pass IA NO: 1 OF 2022 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 pleased to impiead the Petitioner/Proposed Respondent No. 4 as Respondent No. 4, in the present Writ Petition for effective and cogent adjudication of the case on merits and IA 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 may be pleased to grant leave for the petitioner to file the Counter Affidavit in WP.No. 15069 of 2021, and pass Counsel for the Petitioner: 1. SURESH KUMAR POTTURI Counsel for the Respondent(S): 1. GP FOR HOME 3 2. MD SALEEM PASHA The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue a writ or direction more particularly in the nature of writ of Mandumus declaring the action of the Respondents in issuing notice under section 91 of CRPC dated 13-7-2021 in Cr.No.04/2021 on the file of the 3rd Respondent police seeking to produce the cars 1.Etios Liva Car Reg.NO.AP04 DC 5234 2.Toyota Innova Car Reg.No.AP09 BU 9090 3.Nissan Terrano Car Reg.No. AP04 AT 2786 4.Maruti Waganor Car Reg.No. AP 16 CP 5657 as illegal, arbitrary, exceses to jurisdiction and violatio of Art 14 of the Constitution of India and consequently set a side the same by directing the Respondents not to require the Petitioner to produce the cars 1..Etios Live Car Reg.no.AP04 DC 5234 2.Toyota Innova Car Reg.No.AP09 BU 9090 3.Nissan Terrano Car Reg.No. AP04 AT 2786 4.Maruti Waganor Car Reg.No. AP 16 CP 5657 and to pass……” 2. Heard Sri Suresh Kumar Potturi, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that accused herein is the is the authorised agent of the complaint who is the owner of the cars. The petitioner is herein bonafide purchaser of the such cars from the accused who is an agent. Learned counsel would further submit that the petitioner herein sold away the said cars to third parties and now the cars are not in possession of the petitioner. Mean while, they have received a notice from the police under Section 91 Cr.P.C for production of such cars in respect of Crime No.04 of 2021. Learned counsel would further submit that the cars are not in 4 possession of the petitioner, so they have submitted their explanation, explaining the reasons for non-production of such cars before the police, still the police are insisting the petitioner to produce such cars. 4. Learned Assistant Government Pleader for Home would submit that the police have not received any reply on the notice issued under Section 91 Cr.P.C. from the petitioner. 5. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of giving liberty to the petitioner to submit their explanation to the notice received from the police and let there be a direction to the police to take appropriate decision over the matter. 6. Recording the same, this Writ Petition is disposed of. However, the petitioner is at liberty to submit the reasons for non-production of cars before the police and that police are directed to take appropriate decision over the matter. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.09.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 275 WRIT PETITION NO: 15069/2021 Dt.01.09.2025 MH 6