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2026:APHC:3466

APHC010023992026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3521]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY NINETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 1760 OF 2026

Between:

1. P OTHURAI TULASAMMA @ THULASI, W/O LATE RAMASUBBA

REDDY, AGED ABOUT 53 YEARS, OCC AGRICULTURIST, R/O

MARTHADU VILLAGE,GARLADINNE MANDAL, ANANTHAPURAMU

DISTRICT.

...PETITIONER

AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME

DEPARTMENT, SECRETARIAT, AMARAVATI. 522050

2. T HE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH,

MANGALAGIRI.

3. T HE SUPERINTENDENT OF POLICE, ANANTHAPUR DISTRICT.

522503

4. T HE CIRCLE INSPECTOR OF POLICE, RAPTHADU CIRCLE,

ANANTHAPUR DISTRICT. 515001

5. T HE CIRCLE INSPECTOR OF POLICE, GARLADINNECIRCLE,

ANANTHAPUR DISTRICT. 515731

6. T HE STATION HOUSE OFFICER, GARLADINNE POLICE STATION,

ANANTHAPUR DISTRICT. 515731

7. A TTICA GOLD COMPANY, REP. BY ITS MANAGING DIRECTOR,

VIDYARANYAPURA BRANCH, BENGALURU CITY KARNATAKA

STATE. 560002

2026:APHC:3466

...RESPONDENT(S):

Counsel for the Petitioner:

1. G SEKHAR REDDY

Counsel for the Respondent(S):

1. GP FOR HOME

The Court made the following:

2026:APHC:3466

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

WRIT PETITION NO: 1760 OF 2026

ORDER:-

This Writ Petition is filed under Article 226 of the Constitution of India

seeking the following relief:

“….to issue order or orders, direction or directions, Writ or Writs

particularly one in the nature Writ of Mandamous declaring the

inaction and failure of the respondent police in not recovering the

stolen gold ornaments belonging to the petitioner from the 7^TH

respondent Gold Company, despite the accused’s confession and

seized receipts, as illegal, arbitrary and unconstitutional, and

consequently direct the respondent police to recover the stolen gold

ornaments from the 7^th respondent Gold Company, complete the

recovery process and initiate proceedings under Section 411 IPC

against the 7^th respondent Gold Company in accordance with law,

further direct the respondents to produce the recovered gold before

the jurisdictional Magistrate and release the same to the petitioner…”

2. Heard Mr. G. Sekhar Reddy, learned counsel for the Petitioner and

Mr. P. Ajay Babu, learned Assistant Government Pleader, Home for the

Respondents No. 1 to 6.

3. Learned counsel for the Petitioner would submit that the Investigating

Officer/ Respondent No.6 has not taken any steps to recover the gold

ornaments of the Petitioner.

4. Learned Assistant Government Pleader, Home for the Respondents

No. 1 to 6, on written instructions, would submit that after registration of a

case, based on a complaint lodged by the Petitioner as a case in Crime No.76

2026:APHC:3466

of 2024 under Sections 454 and 380 of ‘the IPC’. The Respondent No.6 has

conducted investigation and he noticed that gold ornaments of the Petitioner

were pledged with Respondent No.7 by the Accused. Therefore, Respondent

No.6 has issued a notice to Respondent No.7 requiring them to produce those

gold ornaments before Respondent No.6 for the purpose of investigation.

5. Learned Assistant Government Pleader further submits that

Respondent No.7 has received a notice and has not given any suitable reply

so far. Soon after receipt of the reply, the Respondent No.6 would proceed in

accordance with law against the Accused and also against Respondent No.7.

6. Be that as it may, the Petitioner has got an alternative efficacious

remedy, under Section 451 and 457 of ‘the Cr.P.C’ for interim custody of gold

ornaments as the property is required to be produced by the Investigating

Officer before the jurisdictional Magistrate inasmuch as property is subject

matter of crime and ultimately the property shall be produced before learned

jurisdictional Magistrate for the purpose of trial.

7. Considering the facts and circumstances of the case, the Writ Petition

is disposed of, granting liberty to the Petitioner to approach jurisdictional

Magistrate and file appropri