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2025 DAILYLAW 23829 (AP)

Shaik Ayesha v. The State of Andhra Pradesh

CRLP/7118/2025 · 2025-07-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

9 i. APHC010336852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^ FRIDAY THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE •:d 3 . PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7118 OF 2025 Between: Shaik Ayesha, W/o Shaik Saddam Hussan. Aged about. 38 years, R/o. 3-301 Boya Street, Chennekothapalli village and Mandal, Sri Sathya Sai District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of AP at Amaravathi Through the Station House Officer, Bathalapalli Police Station, Sri Sathya Sai District. 2. The Tahsildar, Bathalapalli Mandal, Sri Sathya Sai District ...Respondents Petition under Section 528 r/w 503 of BNSS circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to direct the respondents to release the TATA 407-Vehicle bearing No:AP21-TZ-2205 in connection to Crime No. 184/2024 dt:20.12.2024 registered by the SHO, Bathalapalli Police Station, Sri Sathya Sai District praying that in the , the •4 i Counsel for the Petitioner: SRI P SRAVAN KUMAR REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 4 APHC010336852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7118/2025 Between: 1.SHAIK AYESHA, W/0 SHAIK SADDAM HUSSAN AGED ABOUT. 38 R/0. 3-301 BOY A STREET, CHENNEKOTHAPALLI YEARS, VILLAGE AND MANDAL SRI SATHYA SAI DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATHI THROUGH THE STATION HOUSE OFFICER, BATHALAPALLI POLICE STATION, SRI SATHYA SAI DISTRICT. 2.THE TAHSILDAR, BATHALAPALLI MANDAL, SRI SATHYA SAI DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to direct the respondents to release the TATA 407-Vehicle bearing No: AP21-TZ-2205 in connection to Crime No. 184/2024 dt:20.12.2024 registered by the SHO, Bathalapalli Police Station, Sri Sathya Sai District and be pleased to pass lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to dispense with filing of certified 2 copy of FIR in Crime No. 184/2024 dt;20.12.2024 registered by the SHO, Bathalapalli Police Station, Sri Sathya Sai District, pending disposal of the quash petition and pass Counsel for the Petitioner/accused: 1.P SRAVAN KUMAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. The petitioner is seeking a direction to release the vehicle, i.e., TATA 407-Vehicle bearing No.AP21TZ2205 seized in Crime No. 184 of 2024 of Bathalapalli Police Station, Sri Sathya Sai District, registered for the offences punishable under Section 318(4) read with 3(5) of BNS and Section 7(1) of the Essential Commodities Act, 1955. Learned counsel for the petitioner submitted that the petitioner is the registered owner of the subject vehicle and that if the vehicle is exposed to sun and air, it gets damaged. It is further submitted that the petitioner is ready to abide by the conditions that may be imposed by this Court, if the vehicle is ordered for interim custody. He placed reliance on the decision of the Hon’ble Supreme Court of India in Sunderbhai Ambalal Desai v.State of 2. 3. Gujarat. The learned Assistant Public Prosecutor not opposed for the 4. interim custody of the vehicle to the petitioner. Having regard to the submissions made by the learned counsel for the petitioner and facts and circumstances of the case, the Criminal Petition is allowed and the vehicle i.e., TATA 407-Vehicle bearing NO.AP21TZ2205 seized in Crime No. 184 of 2024 of Bathalapalli Police Station, Sri Sathya Sai District, shall be released for the interim custody of the petitioner herein, subject to final orders, that may be passed at the time of 5. , AIR 2003 SC 638 4 disposal of the main case, on execution of a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum each to the satisfaction of the jurisdictional Magistrate concerned. It is further directed that the petitioner shall not alienate the vehicle, shall not change its physical features or create any encumbrance or charge on the same. She shall produce the vehicle whenever she is directed to do so by the trial court Pending miscellaneous petitions, if any, shall stand closed. 6. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Bathalapalli Police Station, Sri Sathya Sai District. 2. One CC to Sri. P Sravan Kumar Reddy, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] 4. Two CD Copies MKP sree HIGH COURT DATED: 11/07/2025 ORDER CRLP NO. 7118 OF 2025 § ?5 JOt 1025 a Current Section ALLOWING THE CRLP