IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE i PRESENT A THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25241 OF 2021 Between: Sri. Shaik Sameer, S/o. Shaik Hussain, Aged about 45 years, Occ; Business, R/o. D. No. 7-6-58, 1St Lane, Vengaiah Nagar, Near Donka Road, Guntur-522001, Guntur District, A.P. Cell. 9381411883 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Superintendent of Police, Tirupathi Urban, Tirupathi, Chittoor District, A.P. 3. The Deputy Superintendent of Police, Central Crime Police Station, Tirupathi Urban, Tirupathi, Chittoor District, A.P. 4. The Station House Officer, Central Crime Police Station, Tirupathi Urban, Tirupathi, Chittoor District, A.P. 5. Sri. Shaik Samiullah, S/o. Khadar Basha, Aged about 31 years, Occ. Business, R/o. D. No. 10-4-33, Near Chowdary Kalyana Mandapam, Isuka Donka Road, Ranganayakulapet, Nellore-524101, Nellore District, A.P. 6. Sri. Shaik Vali Ahmad, S/o. Shaik Khadar Masthan, aged about 45 years, Occ. Business, R/o. Shivalayam Street, Gudur-524101, Nellore District, A.P. , ...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 orders, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents Police on the Petitioner's Representation, dt. 06.02.2021 for * taking action against the Accused for tracing and seizing of the Petitioner's c^s^.as illegal, arbitrary, biased, un-constitutional against the principles of ^ natural justice, consequently direct the Respondents to trace, seize and hand over the Petitioner's cars to the Petitioner. : ■ V'- lA 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 direct the Respondents to trace, seize and hand over the Petitioner's cars to the Petitioner, pending disposal of the above writ petition. lA NO: 2 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 permit me to dispose the cars bearing Nos. (1) Mahendra Bolero Car No. AP 31 BY 6944, (2) Renault Kwid Car No. AP 03CL 1007, (3) Swift Dzire Car No. AP 16BN 3535, (4) Mahendra Scorpio Car No. AP 26AC 9666, (5) Mahendra Rextorm Car. AP 37CA 7999, (6) Toyata Etios Car No. AP 09TA 2923, (7) Maruti Swift Car No. AP 16BK 7876 and (8) Etios Liva Car No. AP 04 BF 7867 Etios Liva, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MD. SALEEM PASHA Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent No.5: SRI D. PURNACHANDRA REDDY Counsel for the Respondent No.6: SRI SURESH KUMAR POTTURI The Court made the following: ORDER APHC010403462021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25241/2021 Between: Sri. Shaik Sameer ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: I.MD SALEEM PASHA Counsel for the Respondent(S): 1.D PURNACHANDRA REDDY 2.GPFOR HOME 3.SURESH KUMAR POTTURI The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Home for the respondent Nos.1 to 4 and the learned counsel appearing for the 5‘^ respondent. This writ petition is filed questioning the inaction of the respondent police on the representation of the petitioner dated 06.02.2021 in the matter of taking action against the accused for tracing and seizing of the petitioner’s 2. cars. 2 3. Admittedly, pursuant to the 06.02.2021, a crime representation of the petitioner dated was registered in FIR No.4 of 2021 dated 16.02.2021 by the CCS Tirupathi PS for the offences under Sections 406 & 420 of IPC and the investigation is in progress. The learned counsel for the petitioner also submits that, out of 22 cars lost by way of theft, 8 cars were recovered by the police and the same procedure. But 4 cars are still with the 6*'" were handed over to the petitioner following the due respondent as the purchaser of stolen property. Hence, the 4*^ respondent under Section 91 Cr.P.C. dated 13.07.2021. respondent issued notice to the 6“^ 4. In view of the above said Tacts and circumstances representation of the petitioner was acted as the upon and the registration of crime was made and as the investigation is pending, no further orders can be passed in this writ petition. 5. Accordingly, this writ petition is disposed of giving liberty to the petitioner to avail the alternative remedies under law. There shall be no order as to costs. As a sequel. Miscellaneous Petitions pending, if any, shall stand closed. Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Superintendent of Police, Tirupathi Urban, Tirupathi, Chittoor District, A.P. 3. The Deputy Superintendent of Police, Central Crime Police Station, Tirupathi Urban, Tirupathi, Chittoor District, A.P. 4. The Station House Officer, Central Crime Police Station, Tirupathi Urban, Tirupathi, Chittoor District, A.P. 5. One CC to Sri Md. Saleem Pasha, Advocate [OPUC] 6. One CC to Sri D. PurnaChandra Reddy, Advocate[OPUC] 7. One Cc to Sri Suresh Kumar Potturi, Advocate[OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:22/01/2025 ORDER * 02 APR 2025 ^ . Current beciion WP.No.25241 of 2021 C9 a DISPOSING OF THE W.P. WITHOUT COSTS