APHC010450432025 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: 22942/2025 Between: 1. VASAMSETTI VEERA VENKATA SATYANARAYANA, S/O YEDUKONDALU, GED 49 YEARS, OWNER OF VEHICLE, BEARING NO. AP39TQ3381, R/O. DOOR NO.5-47, VENKANNA BABU GUDI VEEDHI, PEDAPUDI MANDAL, EAST GODAVARI DISTRICT. 2. SUREDDY VENKATA DORABABU,, S/O SRINIVASU, AGED 27 YEARS. OWNER OF VEHICLE BEARING NO.AP39VA9361, R/O D.NO.2-143, NEAR RAMALAYAM, CHINNA VANGALAPUDI, SEETHANAGARAM, EAST GODAVARI DISTRICT. 3. SIGGIDI TARUN MANI KUMAR,, S/O LAKSHMANA RAO, AGED 23 YEARS. OWNER OF VEHICLE, BEARING NO.AP05TX7110 R/O D.NO.10-228, SURYARAO PETA, CHELLURU, RAYAVARAM, KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, Represented by Principal Secretary Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. ...RESPONDENT 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 a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the 2ND respondent in seizing the 2 petitioners vehicles in connection with the Crime number 133 of 2025 on the file of 2ND respondent police station without following any procedure known to law, as arbitrary, illegal and volatile of Article 19 and 21 of the Constitution of India and consequently direct the respondents to release the Vehicles bearing No. AP39TQ3381 (Ashok Leyland Minivan), AP30VA9361 (Mahindra Bolero) and AP05TX7110 (Mahindra Auto Rickshaw) from the custody of the 2ND respondent forthwith in the interest of justice, and pass 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 to direct the respondents to grant interim custody of the Vehicles bearing No. AP39TQ3381 (Ashok Leyland Minivan), AP30VA9361 (Mahindra Bolero) and AP05TX7110 (Mahindra Auto Rickshaw) to the petitioners which were seized under Crime No. 133 of 2025 on the file of the 2ND respondent police station forthwith, pending disposal of the main writ petition in the interest of justice and to pass Counsel for the Petitioner(S): 1. NAVULURU KRISHNA SAI Counsel for the Respondent: 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22942 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in seizing the petitioners’ vehicles in connection with the Crime number 133 of 2025 on the file of 2nd respondent police station without following any procedure known to law, as arbitrary, illegal and volatile of Articles 19 and 21 of the Constitution of India and consequently direct the respondents to release the Vehicles bearing No. AP39TQ3381 (Ashok Leyland Minivan), AP30VA9361 (Mahindra Bolero) and AP05TX7110 (Mahindra Auto Rickshaw) from the custody of the 2ND respondent forthwith in the interest of justice, and pass.…” 2. Heard Sri Navuluru Krishna Sai, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the 2nd respondent has seized the Vehicles bearing Nos.AP39TQ3381 (Ashok Leyland Minivan), AP30VA9361 (Mahindra Bolero) and AP05TX7110 (Mahindra Auto Rickshaw) of the petitioner without following the due process. 4. Learned Assistant Government Pleader on written instructions would submit that the subject vehicles were seized in accordance with the Crime No.133 of 2025 for the offences under Sections 223, 329, 324, 303(2) r/w 3(5) of BNS of Biccavole P.S., and produced before the concerned Magistrate Court. 4 5. In that view, this writ petition is disposed of. However, the petitioners are at liberty to move an application seeking interim custody of the vehicles before the concerned magistrate court where the vehicles were produced. The learned Magistrate may take appropriate decision over the matter and pass orders according to law. 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. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22942 of 2025 Dated.01.09.2025 UPS 243