Mahalingappa vs State of Telangana and 2 others

Between: Mahalingappa, S/o Nagendrapqa, A.ggd about 35 years, Occ.

Business, Rl/o.

Haligara TQ and District, Yadgir, Karnaiifa Stlate.

AND ...PET|T|ONER 1.

State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

2.

The Superintendent,of Police, Narayanpet District, Telangana.

3.

The Station House Officer, P.S, Ivlakthal, Narayanpet Disi.

TS. ,,.RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Coud may be pleased to issue appropriate orders more particularly one in the nature of Writ of ltlandamus declaring the act of the Respondent No.3 for not producing the Toyota Etios Car of 2017 model bearing No.

KA 5'1AA6455 seized on 23-10-2021 in crime No.

196 of 2021 ol P.S Makthal before the JFCM, Narayanpet as illegal, arbitrary lA NO: 1 OF 2022 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 to direct the Respondent No.3 to give custody of the Toyota Etios Car of 2017 model bearing No KA 514A6455 seized on 2311012021 in crime No.

196 0f 2021 0f P.s t\/akthal to the Petitioner on verification and identification of the owner of the vehicle Counsel for the Petitioner : SRI M.VIJAYA KUMAR GOUD Counsel for the Respondents : AGP FOR HOME The Court made the following: ORDER HIGH COURT FOR TH AT HYSfJfJE DO F TE LAN GANA (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DT.

JUSTICE SHAMEEM AKTHER WRIT PET|T|ON NO: 5571 OF 2022 I /t' THE HON,BLE DT. ]USTICE SHAMEEM AKTHER T E T N 7 2 2 This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief : "..to issue appropriate orders more particularlY one in the nature of writ of Mandamus declaring the act of the Respondent No. ondent No.3 for not producing the Toyota Etios Car of 2017 model bearing No.

KA 51A46455 seized on 23 10'2021 in crime No.1g6 of 2021 of P' S' Makthal before the IFCM' Narayanpet as itlegal, arbitrarY and pass such other order or orders..." 2.

Heard both sides.

Perused the record' 3.

It is brought to the notice of this Court by the learned Assistant GOvernment Pleader for Home that the subject vehicle is the subject matter of Crime No 196/2021 of Makthal Police Station, Narayanpet, registered for the offence under Section 379 of IPC and the same is produced before the Maqistrate concerned.

4 The said submissions of the learned Assistant Government Pleader for Home are taken on record' 5.

Since there was registration of a Crime and production of subject vehicle in the subject crime, it cannot be held that the subject vehicle was illegally seized by the respondent-police' It is pertinent to state that in view of the mandate under Section 451 Cr.P.C., when any property is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending I 1 ORDER: 2 the conclusion of the inquiry or trial.

Under these circumstances, it is left open to the petitioner to work out the remedies, in terms of the mandate under Section 451 Cr'P'C" before the Magistrate concerned' 6.

With the above observation, the Writ Petition is disposed of.

Miscellaneous petitlons, if any' pending in this writ petition, shall stand closed.

There shall be no order as to costs' //TRUE COPY// SD/.M.MANJULA ASSISTANT REGISTRAR ()) SECTI.ON OFFIGER to ,,. ,nu Principal secretary' Home Department' state of relangana' Secretariat' , +t3"{333|i.tend e nt o.r Por ice'J?

IiyflX"l',?'.,?t'l','.0", Dist rs' lff:,dil'{t"$;!,\i"ddf.+,1H,:i-;j'1'3il+?fl ;"'a'iHvderabad TOUTI o. two CD CoPies 7.

One SPare coPY Kj.

NPJ q \ HIGH COURT DATED:0310212022 ORDER WP.No.557'l of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

OUT COSTS. copio 2 5 tEB 2022 i4 rg E 'r{ 1 _.

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