1 APHC010068652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4033/2026 Between: 1. TANGETI NANI BABU, S/O SANJEEVA RAO, AGED 35 Y, R/O H.NO.2-60, PADMANABHARAJU PETA YELAMANCHILI, ANAKAPALLE, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH - 531055. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AHDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH. 4. THE SUBINSPECTOR OF POLICE, KARAPA POLICE STATION, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: SRINIVASA RAO KORUKONDA Counsel for the Respondent(S): GP FOR HOME The Court made the following: 2 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4033/2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Direction, Order or Writ in the nature of Mandamus directing the respondents to release or deliver forthwith the vehicle with registration No.AP 39 RP 0021, Make (HERO - DESTINI 125 - VX BS6 FI DRS CAST NEXUS BLU -Variant-HDESDDRVCFI, Colour - MNB, HSN No.87112019, Engine-JF17EANGG02407, Chassis No.MBLJFW245NGG02433) seized by the Sub-Inspector of Police, Karapa Police Station, Kakinada District, in connection with Crime-FIR No.157/2023, dated 24/06/2023, to the petitioner in the interest of justice and pass.….” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3. Mr. Srinivasa Rao, learned counsel for the petitioner, submits that the vehicle is not released to the custody, let alone the temporary custody, of the petitioner. 4. Learned Assistant Government Pleader, on written instructions, submits that the police have already filed the charge sheet and it is numbered as C.C. No.561 of 2023, and the petitioner may file an appropriate application before the learned jurisdictional Magistrate under Section 451 or 457 of ‘the Cr.P.C’. 5. However, when the vehicle was seized about more than three years ago, either the petitioner or the Investigating Officer would have approached the jurisdictional Magistrate seeking appropriate directions for release of the vehicle in favour of the petitioner. 3 6. Be that as it may, the judgment of the Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat 1 held that the vehicle should not be kept in the Police Station idle and exposed to sun, light, air, and rain, as there is every likelihood of deterioration in its condition and value. 7. Considering the facts and circumstances, writ petition is disposed of directing the respondent No.4 to release the vehicle with proper sureties and produce all the sureties, photographs, and mahazarnama before the jurisdictional Magistrate. 8. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.02.2026 Pmk 1 AIR 2003 SC 638` 4 276 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.4033 of 2026 Date: 19.02.2026 Pmk