IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 38128 of 2014 BETWEEN S.Ananthalakshmi AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Learned Judicial Magistrate of First Class, Prathipadu, has ordered release of petitioner’s vehicle subject to certain conditions while following order of this court in Criminal Revision Case No.843 of 2014 dated 23.04.2014. Respondents have not questioned the said order of the learned Magistrate and are bound to comply with the same. Petitioner complains of the respondents not releasing the vehicle in spite of the order of the learned Magistrate. Hence, has approached this court.
3. Learned Government Pleader for Excise though tried to defend the action of the respondents on the basis of Section 46(e) of the A.P. Excise Act, 1968 and the very similar issue was considered and adjudicated by this court in criminal revision case referred to above.
4. In another writ petition No.31687 of 2014, dated 24.10.2014, this Court also had an occasion to consider the same question.
Having found that the crime is reported to learned Magistrate and is pending trial, the jurisdiction of the Magistrate to pass orders under Section 457 Cr.P.C., cannot be doubted.
Hence, the writ petition is disposed of holding that the respondents are bound to comply with the directions as to release of the vehicle passed by the learned Magistrate on 25.07.2014 in Crl.M.P.No.455 of 2014 in crime No.5/14 pending before the Judicial Magistrate of First Class, Pratipadu. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 11, 2014 Note: Furnish copy by tomorrow.
{B/o} LMV