APHC010100692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5642/2026 Between: 1. GANGULURI RAVI TEJA, , S/O. SRINIVAS, AGED ABOUT 25 YEARS, R/O. PEDAPATA, SIDDHANTHAM VILLAGE, PENUGONDA MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 2. GARAPATI PAVAN KALYAN,, S/O. VENKATA RAO, R/O. D.NO. 1-78, SC COLONY, NALLAJARLA VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534112. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ANDHRA PRADESH - 534001. 3. THE STATION HOUSE OFFICER, , ELURU III TOWN POLICE STATION, ELURU DISTRICT, ANDHRA PRADESH - 534007. ...RESPONDENT(S): Counsel for the Petitioner(S): D TARAKA PRASAD Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.5642 of 2026 Dated 06.03.2026 GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondent no.3 in seizing. Car bearing Registration No.AP-39-DP-2205 belonging to Petitioner No.l and Motorcycle bearing Registration No. AP-39-DT-6728 belonging to Petitioner No.2, in connection with Crime No. 228/2025 of III Town Police Station, Eluru, without producing the same before the jurisdictional Magistrate and without conducting a proper seizure, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondent no.3 to release the said vehicles in favour of the petitioners and to pass….” 2. The learned counsel for the petitioners submits that the 1st petitioner was arraigned as Accused No.1. Petitioner No.1 is the owner of car bearing No. AP-39-DP-2205 and Petitioner No.2 is the owner of Motorcycle bearing No. AP-39-DT-6728. The investigation is still pending. The said vehicle was seized in the course of investigation and without conducting a proper seizure in connection with Crime No.228 of 2025 on the file of III Town Police Station, Eluru without producing the same before the jurisdictional Magistrate and the said vehicles are presently lying in the custody of the 3rd respondent If the vehicle is kept idle and exposed to sun, light, air, and rain, there is every likelihood of deterioration in its condition and value. It is further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court, if the vehicles are ordered to be released on interim custody. 3 Dr. YLR, J W.P.No.5642 of 2026 Dated 06.03.2026 3. Sri. P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that Form 60 was filed before the learned Special Judicial Magistrate of First Class (Mobile), Eluru along with charge sheet. 4. Considering the above facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the writ petition is disposed of with a direction to the petitioners to file application before the appropriate Judicial Magistrate under section 457 of ‘the Cr.P.C’ or on relevant provision of law i.e., under section 503 of ‘the B.N.S.S’. On filing such application the learned Judicial Magistrate is directed to dispose of it as early as possible in accordance with law. There shall be no order as to costs. 5. 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: 06.03.2026 PBS 4 Dr. YLR, J W.P.No.5642 of 2026 Dated 06.03.2026 181 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.5642 of 2026 Date: 06.03.2026 PBS