APHC010023992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1760 OF 2026 Between: 1. POTHURAI TULASAMMA @ THULASI, W/O LATE RAMASUBBA REDDY, AGED ABOUT 53 YEARS, OCC AGRICULTURIST, R/O MARTHADU VILLAGE,GARLADINNE MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 522050 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI. 3. THE SUPERINTENDENT OF POLICE, ANANTHAPUR DISTRICT. 522503 4. THE CIRCLE INSPECTOR OF POLICE, RAPTHADU CIRCLE, ANANTHAPUR DISTRICT. 515001 5. THE CIRCLE INSPECTOR OF POLICE, GARLADINNECIRCLE, ANANTHAPUR DISTRICT. 515731 6. THE STATION HOUSE OFFICER, GARLADINNE POLICE STATION, ANANTHAPUR DISTRICT. 515731 7. ATTICA GOLD COMPANY, REP. BY ITS MANAGING DIRECTOR, VIDYARANYAPURA BRANCH, BENGALURU CITY KARNATAKA STATE. 560002 ...RESPONDENT(S): Counsel for the Petitioner: 1. G SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1760 OF 2026 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous declaring the inaction and failure of the respondent police in not recovering the stolen gold ornaments belonging to the petitioner from the 7TH respondent Gold Company, despite the accused’s confession and seized receipts, as illegal, arbitrary and unconstitutional, and consequently direct the respondent police to recover the stolen gold ornaments from the 7th respondent Gold Company, complete the recovery process and initiate proceedings under Section 411 IPC against the 7th respondent Gold Company in accordance with law, further direct the respondents to produce the recovered gold before the jurisdictional Magistrate and release the same to the petitioner…” 2. Heard Mr. G. Sekhar Reddy, learned counsel for the Petitioner and Mr. P. Ajay Babu, learned Assistant Government Pleader, Home for the Respondents No. 1 to 6. 3. Learned counsel for the Petitioner would submit that the Investigating Officer/ Respondent No.6 has not taken any steps to recover the gold ornaments of the Petitioner. 4. Learned Assistant Government Pleader, Home for the Respondents No. 1 to 6, on written instructions, would submit that after registration of a case, based on a complaint lodged by the Petitioner as a case in Crime No.76 of 2024 under Sections 454 and 380 of ‘the IPC’. The Respondent No.6 has conducted investigation and he noticed that gold ornaments of the Petitioner were pledged with Respondent No.7 by the Accused. Therefore, Respondent No.6 has issued a notice to Respondent No.7 requiring them to produce those gold ornaments before Respondent No.6 for the purpose of investigation. 5. Learned Assistant Government Pleader further submits that Respondent No.7 has received a notice and has not given any suitable reply so far. Soon after receipt of the reply, the Respondent No.6 would proceed in accordance with law against the Accused and also against Respondent No.7. 6. Be that as it may, the Petitioner has got an alternative efficacious remedy, under Section 451 and 457 of ‘the Cr.P.C’ for interim custody of gold ornaments as the property is required to be produced by the Investigating Officer before the jurisdictional Magistrate inasmuch as property is subject matter of crime and ultimately the property shall be produced before learned jurisdictional Magistrate for the purpose of trial. 7. Considering the facts and circumstances of the case, the Writ Petition is disposed of, granting liberty to the Petitioner to approach jurisdictional Magistrate and file appropriate application under Section 451 and 457 of Cr.P.C, corresponding to Section 497 and 503 of Bharatiya Nagarik Suraksha Sanhita, 2023 after production of gold ornaments by Respondent No.6 by recovering from the Respondent No.7. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 29.01.2026 KK