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2025 DAILYLAW 58299 (AP)

VARRA NAGA LAKSHMI v. The State of Andhra Pradesh

CRLP/10939/2025 · 2025-10-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ APHC010561352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10939 OF 2025 Between: Smt. Varra Naga Lakshmi, W/o. Varra Sunil Kumar, Aged about 27 years, Occ. Vehicle Owner, R/o. Door No. 10/165, Teachers Colony, Kothapalle, Proddatur Town, YSR Kadapa District. ...Petitioner AND The State of Andhra Pradesh, Rep.^ by its Public Prosecutor High Court of Andhra Pradesh at Amaravathi, Through the Station House Officer, Khajipet U/G Police Station, YSR Kadapa District. ...Respondent Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents to release the Eicher Lorry Vehicle Bearing No. AP39-UA-3609 which was seized on 03-06-2025 in connection to Crime No.87/2025 on the file of Khajipet U/G Police Station, YSR Kadapa District. Counsel for the Petitioner: SRI ANASURI ESWAR SAI Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following order: / % 1 APHC010561352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BjilH [3396] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10939/2025 5^. A Between: 1.VARRA NAGA LAKSHMI, W/0. VARRA SUNIL KUMAR, AGED ABOUT 27 YEARS, OCC. VEHICLE OWNER, R/0. DOOR NO. 10/165, TEACHERS COLONY, KOTHAPALLE, PRODDATUR TOWN YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor. High Court of Andhra Pradesh at Amaravathi. Through the Station House Officer, Khajipet U/G Police Station, YSR Kadapa District. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to direct the respondents to release the Eicher Lorry Vehicle Bearing No. AP39-UA-3609 which was seized on 03-06-2025 in connection to Crime No.87/2025 on the file of Khajipet U/G Police Station, YSR Kadapa District, and to pass lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the production of the Certified Copy of the FIR Copy in Crime No. 87 of 2025 of P.S. Khajipet U/G, Y.S.R. Kadapa District, Dated : 03-06-2025 and to pass Counsel for the Petitioner/accused: 1.ANASURI ESWAR SAI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: I f I the honourable dr justice VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10939/2025 ORDER. The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed, by the Petitioner, seeking to direct the Respondent to release Eicher Lorry bearing No.AP 39 UA 3609 which was seized in Crime No.87 of 2025 on the file of Khajipet U/G Police Station, YSR Kadapa District. Heard Sri A.Eswar Sai, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the X 2. / State/Respondent. It is submitted by the learned counsel for the Petitioner and acceded to, learned Assistant Public Prosecutor that the subject matter of this 3. by the Criminal Petition is squarely covered by the Order passed by a Coordinate Bench of this Court vide Criminal Petition No.5470 of 2023, dated 05.09.2023; Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in Criminal Petition No.5470 of 2023, dated 05.09.2023 and taking into consideration of the facts and circumstances of the case, this Court is inclined to allow the present petition. In the result. Criminal Petition is allowed. The subject vehicle viz. Eicher Lorry bearing No.AP 39 UA 3609 which was seized in connection with Crime No.87 of 2025 on the file of Khajipet U/G Police Station, YSR Kadapa District, is ordered to be given to the Petitioner for interim custody- 4. 5. (a) on his producing the the subject vehicle to be sureties for the like concerned; (b) on his or transfer its original R.c. and executing a self bond for the value of assessed by the Motor Vehicle Inspector sum each, to the satisfaction of the i With two jurisdictional Magistrate executing an undertaking that he would not alienate the said vehicle of the vehicle; and ownership or change any physical features (c) on his executing an undertaking that he when directed by the trial Court tl would produce the vehicle till the case is disposed of, as and in the trial Court. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Station House Officer, Khajipet U/G Police Station, YSR Kadapa District. 2. One CC to SRI. ANASURI ESWAR SAI Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies Chp vna T high court DATED;24/10/2025 ORDER CRLP NO. 10939 OF 2025 ALLOWING THE CRIMINAL petition