IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29706 of 2014 BETWEEN Malli Chakravarthy.
AND ... PETITIONER The Station House Officer, Peravali Police Station, Peravali (V) & (M), West Godavari District and two others.
...RESPONDENTS Counsel for the Petitioner: MR. P. NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME (AP) The Court made the following:
ORDER:
Heard.
2. Petitioner, who owns a lorry bearing No.AP 27 TW 3089, complains of illegal detention of his lorry by respondent No.1.
3. Learned counsel for the petitioner states that neither the aforesaid vehicle is seized nor orders as to custody are obtained and on account of merely detaining the lorry, petitioner is deprived of its use.
4. Instructions of the learned Assistant Government Pleader for Home received from respondent No.1 show that when complaint dated 25.08.2014, alleging theft of buffaloes, was being investigated, it was found that the said buffaloes were found in the vehicle of the petitioner and hence, buffaloes as well as vehicle was seized under the panchanama. While the buffaloes were handed over to the owner/complainant with regard to the vehicle concerned, the name of the petitioner was traced out and on 08.10.2014 Form-60 has been deposited before the II Additional Judicial First Class Magistrate Court, Tanuku and on the orders of the Court, the vehicle is kept in the police station for safe custody.
5. Since Form-60 is already deposited with the learned Magistrate Court, the petitioner is free to approach the said Court and seek appropriate orders for release of the vehicle.
The writ petition is accordingly disposed of with the above observations. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J October 16, 2014 DSK