APHC010426602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22123/2023 Between: 1. SHIAK KHADAR VALI,, S/O. MAHABOOB BASHA, AGED ABOUT 39 YEARS, OCCU- BUSINESS, RESIDING AT DOOR NO.9/187-59, CHITAM NAGAR, RAILWAY KODUR TOWN AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY FOR HOME DEPARTMENT, A P SECRETARIAT BUILDINGS VELAGAPUDI GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KADAPA DISTRICT, KADAPA, YSR KADAPA DISTIRICT. 3. THE STATION HOUSE OFFICER, YARRAGUNTLA POLICE STATION, YARRAGUNTLA VILLAGE AND MANDAL, YSR KADAPA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. SATYANARAYANA NIMMALA 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: “.... to issue a Writ, Order, or Direction, more particularly in the nature of Writ of Mandamus, declaring the in action of Respondent No.3 in releasing the Vehicle TATA Motors, Articulated Vehicle Registered bering No.KA 01 AE 3358, seized in Crime No.103/2023 dated 06-05-2023 on the file of the Yerraguntla P.S as illegal, arbitrary, against to the principles of natural justice and against to the Article 19 (1) (b) of Constitution of India and consequently direct the Respondent No-3 to release the Vehicle TATA Motors, Articulated Vehicle, Registered bering No.KA 01 AE 3358, seized in Crime No.103/202-3 dated 06-05-2023 on the file of the Yerraguntla P.S, Kadapa District,” 2 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that the petitioner is not the owner of the vehicle and that a crime has been registered against the petitioner for offences punishable under Sections 379, 417, and 420 read with 34 of IPC. 4. In that view, the Writ Petition is disposed of. However, it does not preclude the petitioner to work out his remedies before the concerned Magistrate Court seeking custody of the vehicle. 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:22.09.2025 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22123 of 2023 Dt.22.09.2025 Asr