APHC010404122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 20896/2025 Between: SRI PILLI SIVA KUMAR, S/O ARJUNA (L), AGED 58 YRS , R/AT MIG 28, GULLALAPALEM COLONY, SRIHARIPURAM, MALKAPURAM, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTORATE GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR DISTRICT. 3. THE COMMISSOINER OF POLICE, VISAKHAPATNAM CITY. 4. THE STATION HOUSE OFFICER, MALKAPURAM POLICE STATION, VISAKHAPATNAM CITY. 5. SRI N SANYASI NAIDU, INSPECTOR, MALKAPURAM POLICE STATION VISAKHAPATNAM. 6. DHEER VEER VIKRAM SINGH, S/O KRISHNA GOPAL SINGH , AGED 35 YRS. FLAT NO.502, CHINNA WALTAIR , PATNAIK VINAYGAR APARTMENTS , VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the Respondents particularly 4th and 5th Respondents in Seizure of Cash of Rs.62,70,000/- (Rupees Sixty Two Lakhs Seventy Thousand Only) from the Petitioner's house in connection with F.I.R.No.29/2024 dt.10-02-2024 of Malkapuram P.S., Visakhapatnam City for the offence Theft of five (5) no s Scrap Tube Bundles of Cu-Ni Melallurgy but in fact the said Seized Cash is the 2 Petitioner’s Personal Cash and no way connected to the alleged Crime in F.LR.No.29/2024 even though admittedly there is no Recovery of Theft Property nor registered offence Under Section 411 of I.P.C., inspite of the same the respondents Seized the Cash from the petitioner /A-2 and kept in the Police Station since February, 2024 without any intimation to the Concerned Magistrate all are Illegal, Unlawful, Violation of Article 14,19,21.300-A- of the Constitution of India, Violation of Apex Court Rulings there by to declare the Seizure of Cash from the petitioner/A-2 is Unlawful and Illegal, Consequently direct the Respondents to Return the entire Seized Cash of Rs.62,70,000/- (Rupees Sixty Two Lakhs Seventy Thousand Only) to the Petitioner/A-2.” 2. Sri R.Siva Sai Swaroop, learned counsel for the Petitioner would submit that an amount of Rs.62,70,000/- was seized from the possession of the Petitioner under Panchanama and the said amount was not produced before the concerned Court. 3. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, soon after seizure of the cash of Rs.62,70,000/- from the house of the Petitioner, the same was submitted before the Court of III Additional Chief Judicial Magistrate, Gajuwaka and filed a memo before the said Court seeking to issue orders for depositing the seized cash in the bank account of the Court. 4. Considering the submissions made, the Writ Petition is disposed of giving liberty to the Petitioner to work out his remedies before the concerned Court, where the C.C.No.140 of 2025 is pending. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.08.2025 Dinesh 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20896 of 2025 Dt.19.08.2025 Dinesh