Muthyala Karuna v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.28214 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: ".....to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not passing orders directing the 3rd respondent herein to release petitioner's TVS XL Moped bearing Reg.No.TS-26-A-3548 seized in Cr.No.202 of 2018, in spite of expressing his readiness to furnish the third party surety, as being illegal and unjust and consequently direct the 2nd respondent to issue necessary orders for release the above vehicle to the petitioner, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case." 2.

At the hearing, learned counsel for the petitioner would submit that in view of the similarity of the facts, this Writ Petition may be disposed of in terms of the interim order, dated 07.11.2017, in W.P.M.P. No.46275 of 2017 in W.P. No. 37246 of 2017.

3.

Learned Government Pleader appearing for the respondents endorses the said submission.

4.

Accordingly, there shall be a direction to the 2nd respondent to release the petitioner's vehicle viz., TVS XL Moped, bearing Registration No.TS-26-A-3548, subject to condition of the petitioner depositing Rs.5,000/- (Rupees five thousand only) in favour of the 2nd respondent by way of a Fixed Deposit Receipt and the same shall be subject to the final orders in the proceedings initiated in Crime No.202 OF 2018 on the file of the Maripeda Police Station, Mahabubabad District.

5.

The Writ Petition is disposed of accordingly. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

______________ A.V.Sesha Sai, J Date: 09.08.2018.

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