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2025 DAILYLAW 9520 (AP)

Jami Suresh Kumar, v. The State of Andhra Pradesh,

WP/6492/2020 · 2025-09-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010105042020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Jami Suresh Kumar,, S/o Sambasiva Rao, aged about 49 years, R/o Flat No.302, D.No.29-9-3, Madhavan Towers, Dabagardens, Visakhapatnam City. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District. 3. The Commissioner of Police, Visakhapatnam City. 4. The Station House Officer, Maharanipet Visakhapatnam. 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 pleased to issue an Writ in the nature of Writ of Mandamus declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6492 OF 2020 1. Jami Suresh Kumar,, S/o Sambasiva Rao, aged about 49 years, R/o Flat 3, Madhavan Towers, Dabagardens, Visakhapatnam ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur 3. The Commissioner of Police, Visakhapatnam City. 4. The Station House Officer, Maharanipeta Zone, II Town Police Station, ...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 an appropriate writ, order or direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Jami Suresh Kumar,, S/o Sambasiva Rao, aged about 49 years, R/o Flat 3, Madhavan Towers, Dabagardens, Visakhapatnam ...Petitioner 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur a Zone, II Town Police Station, ...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 appropriate writ, order or direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.4 in not depositing the gold biscuits and Petitioner's Passport bearing No. MO 156653, dated 17.7.2014 seized from him in Crime No.140/2015 u/s 420, 120-B r/w 34 IPC of haranipeta Zone, II Town Police Station, Visakhapatnam City as illegal, arbitrary, unreasonable exercise of power, contrary to law, and violative of the provisions of Code of Criminal Procedure and consequently direct the 41h Respondent to deposit the Gold Biscuits and the Petitioner's Passport bearing No. MO 156653, dated 17.7.2014 seized from him in Crime No.140/2015 u/s 420, 120-B r/w 34 IPC of Maharanipeta Zone, Ii Town Police Station, Visakhapatnam City the Hon'ble Court or return them to the Petitioner IA NO: 1 OF 2020 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 direct the 4th Respondent to deposit the Gold Biscuits and the Petitioner's Passport bearing No.MO 156653, dated 17.7.2014 seized from him in Crime No.140/2015 u/s 420, 120-B riw 34 IPC of Maharanipeta Zone, II Town Police Station, Visakhapatnam City into the Hoii'ble Court or return them to the Petitioner pending disposal of the Writ Petition Counsel for the Petitioner: K A NARASIMHAM Counsel for the Respondents: GP FOR HOME (AP) The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6492 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate writ, order or direction preferably a Writ in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.4 in not depositing the gold biscuits and Petitioner's Passport bearing No. MO 156653, dated 17.7.2014 seized from him in Crime No.140/2015 u/s 420, 120-B r/w 34 IPC of haranipeta Zone, II Town Police Station, Visakhapatnam City as illegal, arbitrary, unreasonable exercise of power, contrary to law, and violative of the provisions of Code of Criminal Procedure and consequently direct the 41h Respondent to deposit the Gold Biscuits and the Petitioner's Passport bearing No. MO 156653, dated 17.7.2014 seized from him in Crime No.140/2015 u/s 420, 120-B r/w 34 IPC of Maharanipeta Zone, Ii Town Police Station, Visakhapatnam City the Hon'ble Court or return them to the Petitioner...” 2. When the matter was taken up for hearing, learned Assistant Government Pleader on instructions would submit that during investigation in the said crime, only Rupees twenty six lakhs cash, nine spurious/fake gold biscuits, one Duster car, and one HTC phone were seized from the petitioner, and no passport was ever seized. Charge sheet has already been filed before the II Additional Chief Metropolitan Magistrate, Visakhapatnam. 3. Learned counsel for the petitioner, in view of the said submission, sought liberty to work out remedies before the appropriate forum. 4. Recording the same, this Court is of the view that no further orders are required to be passed in this writ petition. 5. Accordingly, this writ petition is disposed of, leaving it open to the petitioner to work out his remedies in accordance with law before the appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025 KKV 421 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6492 OF 2020 Date: 09.09.2025 KKV