Shabad Tajuddin v. The Station House Officer

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.15878 OF 2019 ORDER:

This writ petition is filed seeking direction to respondents to release the vehicles;- Bajaj Pulsar 150 CC-2 wheeler bearing registration No.TS 10 EQ 1541 belonging to petitioner No.1 and Suzuki Gixxer-2 wheeler bearing registration No.TS 07 EC 7041 belonging to petitioner No.2.

Learned Assistant Government Pleader for Home produced written instructions. The relevant paras of the same are extracted as under:

" It is respectfully submitted that one Ramadugu Ramdev gave a complaint to Station House Officer, Shankarpally police station on 13.7.2019, wherein he stated that one Rama Reddy and others trespassed into their land on 13.7.2019 at about 13.00 hours and cause damage to the property by removing sign boards and threatened the security and staff with gun and harmful weapons. On receipt of above complaint, a case was registered in Crime No.161/2019, U/s. 447, 427, 506, 379, 109 IPC of Shankarpally police station on 13.7.2019. It is submitted that during the course of investigation, the investigating officer visited the scene of offence, conducted the scene of offence panchanama in the presence of panchas and seized the Bajaj Pulsar Bike bearing No.TS 10 EQ 1541 and Suzuki Gixer bearing No.TS 07 FL 7041 from the scene.

It is submitted that the seized vehicles have been produced before Judl.Magistrate of First Class, Chevella on 15.7.2019 vide Form 66."

Learned counsel for the petitioners submits that the petitioners are not accused in the said crime and respondentpolice have illegally seized the vehicles of the petitioners.

It is to be seen that the subject vehicles have already been produced before the Judicial Magistrate of First Class, Chevella on 15.07-2019.

In view of the same, it is open for the petitioners to make application before the Court of Judicial Magistrate of First Class, Chevella for release of subject vehicles and raise all their objections before the said Court.

Accordingly, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 30-07-2019 Nvl