1 APHC010405572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20781 OF 2025 Between: 1. MADIPALLI VIJAY PUNNAM KUMAR REDDY, S/o M J Vijay Kumar Reddy, aged 41 years, R/o Flat No.604,East block. Red Creek Appartment, Pandurangapuram, Visakhapatnam, AP. ...Petitioner AND 1. THE STATE OF AP, rep. by its PrI. Secretary. Home Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commisioner of Police, Vishakapatnam Police Commissionerate, Visakhapatnam District. 3. The inspector of Police, III Town Police Station, Visakhapatnam District. 4. Dadda Murali, S/o Lohittasya, Age 39 years. Fisheries development Officer, Fishieries Department, Fishing Harbour, Visakhapatnam District. 5. Kommi Madhusudhan Rao, S/o Varadaiah, aged about 45 years, R/o Flat No 407, Sagar Vihar appartments, Pandurangapuram. Visakhapatnam District. ...Respondents 2 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 pleased to issue Writ or order or direction more particularly in the nature of WRIT OF MANDAMUS to quash the Docket orders dated 22.05.2025 in DDR No 3522/2025 in STC No 816/2024 on the file of Chief Judicial Magistrate, Visakhapatnam by rejecting to number the petition seeking for return of amount the lawful amount of Rs.1,54,28,000/- which was seized under mediators report dated 12.05.2024 in Crime No. 97/2024 Under sections 188 IPC and 171(E) (F) (H) of 3 Town Police station , Visakhapatnam city by declaring the action of the respondents in keeping the seized amount in Cr no 97/2024 of 3 Town PS in District treasury of Visakhapatnam is illeagal, illegal, arbitary, unjust violative of Article 21 and 22 of Constitution of India and against to the provisions of the criminal procedure code and further cosnequently to depost the amount in court and consequently to return the cash amount to the Lawful owner of the cash amount to the petitioner/LW7 and to 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 pleased to direct the 3rd Respondent to deposit the alleged seized amount of Rs. 1,54,28,000/- in Chief Judicaial magistrate,Visakhapatnam court by withdraw from the District Treasury,Visakhapatnam the property in Crime No. 97/2024 Under sections 188 IPC and 171(E) (F) (H) of 3 Town Police station Visakhapatnam city and pass Counsel for the Petitioner: SRINIVASULU P Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20781 OF 2025 ORDER: “…..pleased to issue Writ or order or direction more particularly in the nature of WRIT OF MANDAMUS to quash the Docket orders dated 22.05.2025 in DDR No 3522/2025 in STC No 816/2024 on the file of Chief Judicial Magistrate, Visakhapatnam by rejecting to number the petition seeking for return of amount the lawful amount of Rs.1,54,28,000/- which was seized under mediators report dated 12.05.2024 in Crime No. 97/2024 Under sections 188 IPC and 171(E) (F) (H) of 3 Town Police station , Visakhapatnam city by declaring the action of the respondents in keeping the seized amount in Cr no 97/2024 of 3 Town PS in District treasury of Visakhapatnam is illeagal, illegal, arbitary, unjust violative of Article 21 and 22 of Constitution of India and against to the provisions of the criminal procedure code and further cosnequently to depost the amount in court and consequently to return the cash amount to the Lawful owner of the cash amount to the petitioner/LW7 and to pass…” 2. Heard Sri P.Srinivasulu, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the official respondents. 3. Learned counsel for the Petitioner submitted that an amount of Rs.1,54,28,000/- was seized from the Petitioner in connection with an alleged violation of the Model Code of Conduct. Learned counsel submitted that the Petitioner had received the said amount from one P. Prasad Rao, who has been shown as L.W.10 in the charge-sheet, towards advance sale consideration. Learned counsel further submitted that the petitioner filed by the Petitioner before the Court of Chief Judicial Magistrate, Visakhapatnam seeking interim custody of the seized 4 amount during the pendency of S.T.C. No.816 of 2024 was rejected vide Docket Order dated 22.05.2025 observing that the cash seized is the case property which was registered for violation of the Model Code of Conduct. Learned counsel for the Petitioner further submitted that the petitioner is ready to furnish bank guarantee for the return of the seized amount of Rs.1,54,28,000/-. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the investigation in this matter has been completed and a charge- sheet has been filed, which has been registered as S.T.C. No.816 of 2024, and the matter is now coming up for trial. It is further submitted that, pursuant to the letter received from the Returning Officer, the cash seized from the possession of the petitioner was deposited in the Treasury. Hence, the petition filed by the petitioner was rightly dismissed. 5. In reply, learned counsel for the petitioner reiterated that the petitioner is the rightful owner and lawful custodian of the seized amount, and therefore, the said money ought to be released to him pending disposal of the case. 6. Considering the submissions made and upon perusal of the material placed on record, it is evident that an amount of Rs.1,54,28,000/- was seized from Honda City car bearing registration No.AP 31 CS 7889 on the allegation of violation of Model Code of Conduct during the election period. The petitioner contends that the said amount was received from one P. Prasad Rao (L.W.10) towards advance sale consideration. 7. As seen from the material placed on record, the subject cash of Rs.1,54,28,000/-, which is the unaccounted amount, was seized from Honda City Car bearing Regn.No.AP 31 CS 7889 in connection with Crime No.97 of 5 2024 on the file of III Town Police Station, Visakhapatnam for the offences under Sections 188 and 171(E) (F) and (H). In the said crime, charge sheet has also been filed and numbered as S.T.C.No.816 of 2024 on the file of the Court of Chief Metropolitan Magistrate, Visakhapatnam City. The Petitioner herein, who is a third party to the said case, filed a petition in DDR No.3522 of 2025 before the trial Court seeking interim custody of the said cash claiming that the said cash was received from L.W.10 – P.Prasad Rao, towards advance sale consideration. The learned trial Judge vide Docket Order dated 22.05.2025 rejected the said petition observing that the bank statements are not relating to Hayagreeva Farms and Developers, Koyya Ramabbu and TAG IT Consulting and Technology Private Limited, but not relating to L.W.10- P.Prasada Rao, as claimed by the Petitioner. It was also observed that the said cash is the case property in STC No.816 of 2024. 8. As per the written instructions submitted by the learned Assistant Government Pleader, the seized cash of Rs.1,54,28,000/- has been kept in District Treasury Office. 9. In such circumstances, since the subject cash was seized in a case relating to violation of Model Code of Conduct, as rightly observed by the learned trail Judge, the same cannot be returned to the Petitioner, at this stage. However, keeping the said cash in District Treasury Office will not serve any purpose. 10. In that view, the Writ Petition is disposed of, directing the learned Chief Judicial Magistrate, Visakhapatnam to keep the said amount in fixed deposit in 6 any Nationalized Bank, till the disposal of the case, after conducting panchanama through the concerned Police and taking photographs of the cash. 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: 25.09.2025 KKV 7 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20781 OF 2025 Date: 25.09.2025 KKV