APHC010541292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28114/2025 Between: 1. K PRABHU KUMAR, K.PRABHU KUMAR, S/O. LATE KONDRU RAMBABU, AGED 29 YEARS, R/O. D.NO 1-543-12-B, YANADI COLONY,GUDIVADA, KRISHNA DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT A.P. 3. THE S H O, GUDIVADA II TOWN P.S, KRISHNA DISTRICT. ...RESPONDENT(S): 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 toPleased to issue a Writ or direction more particularly one in the nature of Mandamus, declaring the action of the 3rd Respondent in prolonged detention of bike for 21 months without FIR, proper seizure procedures and justification as illegal, arbitrary, violative of Article 300A and consequently direct the 3rd respondent to immediate release of the vehicle and grant compensation for depreciation and damage to the subject vehicle due to illegal detention and be pleased to pass. IA NO: 1 OF 2025 2 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 issue a Writ or direction more particularly one in the nature of Mandamus, declaring the action of the 3rd Respondent in prolonged detention of bike for 21 months without FIR, proper seizure procedures and justification as illegal, arbitrary, violative of Article 300A and consequently direct the 3rd respondent to immediate release of the vehicle and grant compensation for depreciation and damage to the subject vehicle due to illegal detention and be pleased to pass. Counsel for the Petitioner: 1. KATCHALA CHANDRA SEKHAR PRASAD Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28114/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ or direction more particularly one in the nature of Mandamus, declaring the action of the 3rd Respondent in prolonged detention of bike for 21 months without FIR, proper seizure procedures and justification as illegal, arbitrary violative of Article 300A and consequently direct the 3rd respondent to immediate release of the vehicle and grant compensation for depreciation and damage to the subject vehicle due to illegal detention and be pleased to pass such other order or orders…” 2. Heard Sri K.Chandra Sekhar Prasad, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the Police are not returning the vehicle of the petitioner even after 21 months. The petitioner is an accused in Crime No.299 of 2023, which is registered under Sections 307 and 323 r/w 34 IPC. Learned counsel would further submit that the vehicle of the petitioner was taken by the Police without any panchanama. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the Investigating Officer in the said case seized the subject vehicle and also produced the same before the Court vide Form- 60. Now the case is numbered as PRC No.46 of 2025. The subject vehicle is 4 in the custody of the learned Principal Junior Civil Judge Court, Gudivada vide C.P.No.27 of 2025. It was seized under mediatornama dated 26.12.2023. 5. Recording the same, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedy before the concerned Court. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 15.10.2025 JLV 5 187 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28114 of 2025 Dated: 15.10.2025 JLV