Telangana High Court
Murali Medipally vs The State Of Telangana on 11 August, 2020
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.12027 of 2020
O R D E R:
The present writ petition is filed for issue of a Writ of Mandamus declaring the action of the 2nd respondent in illegally detaining the JCB bearing No.TS 15 EV 1407 pursuant to Crime No.87 of 2020 dated 20.07.2020 and not releasing the same in spite of readiness expressed by the petitioner to furnish the third party surety, as being illegal, arbitrary and unjust.
2. The present writ petition is taken up for hearing today, i.e. 11.08.2020, through Video Conferencing.
3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, appearing for respondents 1 and
2.
4. Learned counsel for the petitioner, while reiterating the writ averments, submits that the petitioner herein is the owner of the subject vehicle, which was given on hire to B.Sanjeev Reddy, who sought to take the above said JCB of the petitioner on hire by stating that he needs to level his agricultural land, which it is claimed has been seized by the respondent police, when it was found having been used for digging Pedda Cheruvu Shikam Katta. It is further stated that a case, vide Crime No.87 of 2020, has been registered against the above said person, by name B.Sanjeev Reddy, and the respondent police have seized the petitioner's vehicle and the same has not been released to the petitioner, nor deposited with the concerned Court till date.
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5. Learned Assistant Government Pleader for Home has forwarded to this Court by e-mail, the written instructions under the signature of the Sub-Inspector of Police, Gummadidala Police Station. By the said written instructions, it is stated that the 2nd respondent authority has registered a case on 20.07.2020, on the basis of a complaint submitted by Smt.Jagath Prabha, working as Assistant Executive Engineer (Irrigation), wherein it is stated that she received a phone call from the Deputy Executive Engineer that some persons of Annaram Village are digging illegally Pedda Cheruvu Shikam Katta and upon which, she came to know that B.Sanjeev Reddy, S/o Shankar Reddy and his two sons, by name B.Mahipal Reddy and B.Jaipal Reddy, were illegally interfering with the Pedda Cheruvu Shikam Katta with the help of JCB bearing registration No.TS 15 EV 1407 and requested the 2nd respondent authority to take necessary action against the persons named and also the vehicle used for making such illegal digging.
6. By the said written instructions, it is further stated that, on the basis of the above petition, the 2nd respondent registered a case, vide Crime No.87 of 2020 for the offences under Sections 447, 427, 430 read with Section 34 IPC, and took up investigation, and in the course of investigation, the 2nd respondent authority visited the scene of offence and observed minutely, prepared rough sketch and during the course of investigation, seized one JCB bearing registration No.TS 15 EV 1407, which was used by the accused person, and kept the same in the premises of Gummadidala Police Station and later, the same was deposited before the Judicial First Class Magistrate, Narsapur, vide CPR No.199/15/2020.
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7. Considering the submissions made as above, since, the seized JCB having been deposited before the concerned Judicial First Class Magistrate, Narsapur, it is open for the petitioner to approach the concerned Court for release of the subject vehicle deposited by making an application. Upon the petitioner making such an application, the concerned Court shall consider the same as provided under the provisions of the Criminal Procedure Code and also by taking note of the judgment of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai V/s. State of Gujarat1.
8. Subject to the above observation, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
_____________________ JUSTICE T.VINOD KUMAR Date:11.08.2020 GJ 1 (2002) 10 SCC 283