Telangana High Court
Mohammed Touseef vs The State Of Telangana And Another on 9 July, 2020
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.9340 of 2020
ORDER:
The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the proceedings of the respondents in seizing the vehicle belonging to the petitioner in Crime No.230 of 2020 dated 05.03.2020 on the file of the 2nd respondent-Station House Officer, Vanasthalipuram Police Station, Rachakonda Commissionerate, as being illegal, arbitrary and unilateral, with a consequential relief by directing the 2nd respondent to release the seized vehicle bearing No. TS03-UB- 1312.
2. The above case is taken up for hearing today i.e., 09.07.2020, through Video Conferencing.
3. Heard Sri Praveen Kumar Veerjala, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.
4. The learned counsel for the petitioner submits that while the petitioner is the owner of the subject vehicle, the same was given on hire to one Santosh for running the same by driving the said vehicle through Uber and the said vehicle was stolen by the said driver, for which the petitioner approached the 2nd respondent authority and lodged a complaint and on the basis of which, a case in Crime No.230 of 2020 has been registered on 05.03.2020.
5. The learned counsel for the petitioner submits that subsequently the respondent police have recovered the the said vehicle by seizure, and the said vehicle is not being returned to the 2 petitioner who is owner of the same and the subject vehicle is lying at the police station, being exposed to the vagaries of the nature. Thus, the petitioner seeks a direction to the respondent authority to return the stolen property to its owner / petitioner.
6. The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail Written Instructions dated 02.07.2020 under the signature of Sub-Inspector of Police, Vanasthalipuram Police Station. By the said written instructions, it is stated that the 2nd respondent authority based on the complaint made by the petitioner herein has registered a case in Crime No.230 of 2020 for the offence punishable under Section 379 IPC. By the written instructions, it is further stated that while the said case was under investigation, on 23.03.2020 at 09:00 hours when the respondent authorities were conducting vehicle checking at B.N. Reddy Cross Roads, Vanasthalipuram, they stopped one Indica V2 car bearing registration No.TS03-UB-1312 and found two persons in the car and when they asked the car driver to produce the documents of vehicle, he gave evasive replies, upon which, the respondent police found the occupants of said car in suspicious manner and on enquiry they voluntarily admitted of their guilt in the commission of alleged offence. In pursuance to the said confessional statement, the respondent authorities seized the said Indica V2 car bearing No.TS03-UB-1312 from their possession. In the course of investigation into the above crime registered, the 2nd respondent authority deposited the said Indica V2 car before the XXIV Additional Metropolitan Magistrate's Court, Hayathangar on 22.05.2020.
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7. By the written instructions it is also stated that investigation in the above crime No.230 of 2020 registered on the basis of the complaint made by the petitioner herein is completed and charge sheet has been filed before the XXIV Additional Metropolitan Magistrate, Hayathnagar on 22.05.2020, which was also numbered as CC No.579 of 2020.
8. Having regard to the submissions made as above and since the subject seized vehicle having been deposited before the XXIV Additional Metropolitan Magistrate, Hayathnagar in CC No.579 of 2020, it is open for the petitioner to approach the concerned trial Court seeking release of the said vehicle by making application / petition. On such application is being made by the petitioner, the concerned trial Court shall consider the same in the light of the judgment of Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai v. State of Gujarat [(2002) 10 SCC 283], as expeditiously as possible, preferably within a period of three weeks, from the date of petitioner herein filing the application / petition seeking return of seized goods viz., the car.
9. Subject to the above observation, the writ petition is disposed of. No order as to costs.
10. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed in the light of this final order.
___________________ T. VINOD KUMAR, J Date: 09.07.2020 Isn 4 HIGH COURT FOR THE STATE OF TELANGANA MAIN CASE No.: W.P.No.9340 of 2020 PROCEEDING SHEET Sl. DATE OFFICE ORDER No NOTE
01. 09.07.2020 TVK,J:
The writ petition is disposed of.
(vide separate order).
(B/o.) Isn