IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3974 OF 2025 Between: 1. M/s Earth Stein Private Limited, Office at- Flat No. Sy.No. 71, Tekkali Road, Lingalavalasa Village, Srikakulam District. Represented by its Managing Director, G.Thirugnamam, S/o. Govindaswamy. 2. G.Thirugnanam, S/o. Govindaswamy. Aged about 70 years, Occ- Business, Flat No. Sy.No. 71, Tekkali Road, Lingalavalasa Village, Srikakulam District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Andhra Pradesh. 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh. 3. The Superintendent of Police, Srikakulam District, Andhra Pradesh. 4. The Station House Officer, Tekkali Police Station, Srikakulam District, Andhra Pradesh. 5. Mr. Krishnan Narayanan, S/o Krishnan, Aged about 62 years, R/o Door No. 3/7 Sunrise Towers, Peddapadu Road, Srikakulam, Srikakulam District. ...Respondents 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 to Issue a writ, order, or direction, particularly in the nature of a writ of mandamus Declaring the action of the respondent police authorities in illegally detaining the vehicles of the 1®* petitioner company i.e., two excavators, one tipper and one Bolero light motor vehicle and also summoning the 2^*^ petitioner to the police station in connection with a case in FIR No. 353 of 2023 of Tekkali P.S. referred as false and even after the said case was a report to that effect was filed before the . Jurisdictional Magistrate vide RC No. 8 of 2024 in FIR No. 353 of 2023 as illegal, without jurisdiction and arbitrary and consequently direct the ^ ’refspondents to release the above mentioned seized vehicles forthwith. V' ^ WnO: 1 OF 2Q2fi 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 to direct Respondent No. 4 to return the vehicles (two one Leyland tipper, and one Bolero vehicle) belonging to the Petitioners. Counsel for the Petitioners: SRI N SIVA REDDY Counsel for the Respondents 1 to 4: GP FOR HOME Counsel for the Respondent No.5: SRI JADA SRAVAN KUMAR The Court made the following order: excavators APHC010075962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3974/2025 Between: M/s Earth Stein Private Limited, and Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.N SIVA REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.JADA SRAVAN KUMAR The Court made the following Order: ...PETITIONER(S) ...RESPONDENT(S) The learned counsel for the petitioners submits that the petitioners are aggrieved by the action of the respondent No.4 in illegally detaining the vehicles belonging to the petitioner company. It is submitted that the police after investigation have filed a final report vide RC.No.8 of 2024 in Crime No.353 of 2023. It is submitted that inspite of the police filing a final report, vehicles are detained in an illegal manner and seeks a direction for return of the vehicles to the petitioner. Learned counsel appearing for the respondent submits that after filing a protest application to the higher authorities of the 2"'^ and 3'^ 2. 2 respondents, the police have conducted further investigation and filed a charge sheet on 09.02.2025. It is submitted that the respondent No.5 has filed an application under Sections 451, 457 of Cr.P.C. seeking interim custody of the vehicles and the petitioners are contesting the said application. It is submitted that the petitioners have to approach the competent Court before which the matter is pending consideration. Learned Assistant Government Pleader appearing for the State submits that the policy have conducted further investigation on instructions of the Additional Superintendent"of Crimes, Srikakulam and have re-opened the case and the 4‘^ respondent was instructed to conduct further investigation. Learned counsel for the petitioners in reply submits that the police have conducted a detailed investigation and also recorded that there was no case made out and that it was only on account of the disputes between the 5**^ respondent and the petitioners, a false case was registered. It is also submitted that the 5'^ respondent on 16.06.2023 has also given undertaking to all concerned that the 5*^ respondent has resigned from the company and that he would return all properties purchased/Fixed Deposit account in the name of the company from the period 28.10.2022 to 16.06.2023 and at the machinery belonging to the company would continue with the company and the company to continue its operations till the account is settled. 3. 4. 3 Considering the submissions of the learned counsel appearing for the petitioners and learned Assistant Government Pleader, the petitioners shall approach the Court of Judicial First Class Magistrate, Tekkali, and seek custody of the vehicles. The Magistrate shall consider the application filed by the petitioners on its own merits and pass appropriate orders. With the above observations, the Writ Petition is disposed off. There shall be no order as to costs. 5. 6. As a sequel thereto, the miscellaneous petitions, if any, pending Sd/- N.NAGAMMA ASSISTANT REGISTRAR 7. in this writ petition shall stand dismissed. //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, Andhra Pradesh. The Superintendent of Police, Srikakulam District, Andhra Pradesh. The Station House Officer, Tekkali Police Station, Srikakulam District, Andhra Pradesh. The Judicial First Class Magistrate, Tekkali, Srikakulam District. One CC to Sri N Siva Reddy, Advocate [OPUC] One CC to Sri Jada Sravan Kumar, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. 9. RAM HIGH COURT DATED:26/03/2025 ORDER WP.No.3974 of 2025 DISPOSING OF THE WP WITHOUT COSTS