1 APHC010041182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2420/2025 Between: K.Hari Krishna ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. V VINOD K REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of Respondent No.3 in seizing the tractor of the petitioner bearing registration No.AP 39 WA 6479 in relation to FIR No.9 of 2025 dated 19.01.2025 on the file of Respondent No.3, without following the due process of law, as illegal, arbitrary and violative of Article 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents herein to release the tractor of the petitioner bearing registration No.AP 39 WA 6479…...” 2. Heard learned counsel for the petitioner and the learned Government Pleader for Home appearing for respondents. 3. During hearing, learned Government Pleader for Home submitted a copy of instructions furnished by the Sub-Inspector of Police, A.S.Peta Police station, SPSR Nellore District wherein it is stated that basing on the complaint given by one Keerthi Eswaraiah, a case has been registered in Crime No.9 of 2025 for the offences punishable under Sections 329(3), 324(4) read with Section 3(5) of BNS alleging that accused Nos.1 to 6 criminally trespassed into the land of an extent of Ac.4-90 cents in Sy.No.137-1 belonged to the complainant and ploughing the same by using a tractor. The petitioner herein is the owner and Accused No.6 is the driver of the crime tractor. During the course of investigation, the Investigating Officer visited the scene of offence and examined LWs.1 to 6 and recorded their statements under Section 180 (3) of BNSS. In view of the direction of the investigating officer, A-6 brought 3 the crime tractor to the police station. The Investigating officer verified the documents of the crime tractor. 4. It is further stated in the instructions that after receipt of the papers in the present case, the 3rd respondent visited the house of the petitioner i.e. the owner of the crime tractor on 27.01.2025 and found the crime tractor bearing registration No.AP 39 WA 6479, is in the possession of the petitioner herein. In proof of the same, the respondents filed a copy of photographs of the crime tractor along with the 3rd respondent and that the 3rd respondent did not seize the crime tractor and it is in the possession of the petitioner only. 5. Learned counsel for the petitioner did not dispute the submissions made by learned Government Pleader for Home. 6. In view of the instructions furnished by the Sub-Inspector of Police, A S Peta Police station, SPSR Nellore District since the crime tractor is in the possession of the petitioner only, no cause survives in this writ petition. 7. Accordingly, the Writ Petition is closed. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 31.01.2025 KGR