APHC010126342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6918/2026 Between: 1. MADASU NAGA DURGA PRASAD, S/O. MBBV (LATE) NANCHARAIAH, AGED ABOUT 45-YEARS, R/O. 1-86, RAMALAYA STREET, KALAPATAM VILLAGE, P.G.LANKA POST, GUDURU MANDALAM, KRISHNA DISTRICT. AADHAR NO.3079 1498 1033 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY.THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATI-522237 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT-522001 3. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, ELURU- 534001 4. THE DEPUTY SUPERINTENDENT OF POLICE, KAIKALURU SUB DIVISION ELURU, ELURU DISTRICT-534001 5. THE STATION HOUSE OFFICER, MUDINEPALLI POLICE STATTION, MUDINEPALLI, ELURU DISTRICT-534001 ...RESPONDENT(S): Counsel for the Petitioner: S SHANTI PRASAD 2 Dr. YLR, J W.P.No.6918 of 2026 Dated 13.03.2026 Counsel for the Respondent(S): 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents more particularly Respondent No.5 in illegally retaining the Auto rickshaw bearing registration No. AP 39 TY 6327, Bajaj Maxima, 2021 Model of the petitioner and consequentially direct the respondents, particularly 5th respondent to release the Auto rickshaw bearing registration No. AP 39 TY 6327, Bajaj Maxima, 2021 Model to the custody of the petitioner, which is in their illegal custody till this day, in Crime No.261/ 2025 of 5th respondent Police Station, and in the interests of justice.….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Ms. S. Shanti Prasad, learned counsel for the petitioner, submits that an application was filed under Sections 497 and 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”) before the learned Magistrate. However, the learned Magistrate returned the petition on the ground that no seizure report and Form 60 had been filed. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the police have filed the seizure report as well as Form 60 before the learned Magistrate on 20.02.2026. The case is 3 Dr. YLR, J W.P.No.6918 of 2026 Dated 13.03.2026 presently under investigation, and upon completion of the investigation, a charge sheet will be filed. 5. In view of the above submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, granting liberty to the petitioner to re-present the Criminal Miscellaneous Petition filed under Sections 497 and 503 of ‘the BNSS’. Upon such re-presentation, the learned Magistrate is directed to pass appropriate orders as expeditiously as possible, preferably within a period of three weeks from the date of receipt of a copy of this order, in accordance with law. 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: 13.03.2026 PBS 4 Dr. YLR, J W.P.No.6918 of 2026 Dated 13.03.2026 224 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 6918 of 2026 Date:13.03.2026 PBS