A. Chitti Babu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18808 OF 2018 O R D E R :

This writ petition is filed challenging the action of the 2nd respondent in not filing Final Report/Charge Sheet in Crime No.615/2017 and not giving custody of the car bearing No.TS 08 UA 7923, Tata Indica Vista bearing Chasis No.MAT 600435GTF08838, to the petitioner.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Home produced written instructions stating that basing on the complaint of the petitioner, the 2nd respondent registered a case on 17.11.2017 in Crime No.615/2017; that during the course of investigation the 2nd respondent seized the aforesaid car on 07.03.2018, examined LWs 1 to 6 and recorded their statements; that the case is under investigation for collection of evidence; and that the said car was produced before Chief Metropolitan Magistrate Court, Vijayawada on 19.06.2018 vide CF No.3724.

Admittedly the car was seized by the 2nd respondent on 07.03.2018. But, it is not known why the 2nd respondent took three months time for producing the vehicle before the concerned Court. It appears that after filing of writ petition only, he woke up and produced the vehicle before the concerned magistrate. Further, no reasons are assigned for producing the vehicle after three months

and the allegation of the petitioner is that the vehicle was seized on the date of complaint itself.

Recording the submissions of the learned Assistant Government Pleader, the writ petition is disposed of. However, the concerned Superintendent of Police is directed to inquire into the matter as to why the 2nd respondent produced the vehicle after three months of its seizure. It is open for the petitioner to avail alternate remedy as may be available to him under law. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 27.06.2018 t k.