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2025 DAILYLAW 5749 (AP)

Nalabolu Lakshmi Narayana v. The State of Andhra Pradesh,

WP/2742/2025 · 2025-02-04

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010051362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2742/2025 Between: Nalabolu Lakshmi Narayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR CIVIL SUPPLIES The Court made the following: ORDER:- Heard Sri Akula Sri Krishna Sai Bhargav, learned counsel for the petitioner, and learned Assistant Government Pleader for Civil Supplies. 2. Challenging the action of the respondents in seizing the Auto Rickshaw bearing Registration No.AP 39 TM 6833 and seeking release of the said vehicle, the present writ petition is filed. 3. It is contended that the petitioner is the owner of the subject vehicle. On a request being made by one Kattempudi Jakraiah, the petitioner had permitted him to use the vehicle for his personal requirement. However, 2 the said vehicle was seized on 06.01.2025 on the alleged ground that the said Kattempudi Jakraiah and one Oddu Jalamma have illegally transported 8 bags of PDS rice each weighing 25 Kgs and the police have registered a crime in Cr.No.5 of 2025 for the offences under Sections 318 (4) of the BNS, Section 3 read with Section 7 of Essential Commodities Act, 1955. The petitioner has sought for release of the said vehicle. 4. When the matter is taken up for hearing, learned Assistant Government Pleader for 4th respondent has placed before the Court, a copy of the instructions received by him in the case. Perusal of the same would reflect that the 4th respondent has filed charge sheet before the Judicial First Class Magistrate, Parchur on 20.01.2025 and produced the Auto Rickshaw before the JFCM Court. It is stated that the Court has directed the 4th respondent to have the safe custody of the vehicle and produce the same at the time of trial. 5. In view of the above, since the vehicle is no longer with the official respondents. And it is the JFCM Court, Parchur, which has to pass appropriate orders for release of the vehicle. 6. The writ petition is accordingly disposed of, granting liberty to the petitioner to file necessary application before the JFCM Court, Parchur. Upon such application being filed, the JFCM Court, Parchur, shall consider the application and pass appropriate orders on the application within a period of ten (10) days from the date of filing of the said application. There shall be no order as to costs. 3 As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:04.02.2025 ANI 4 407 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.2742 of 2025 Date:04.02.2025 ANI