THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.5379 OF 2025
ORDER : (ORAL)
This writ petition is filed by the petitioner seeking to declare the action of respondent No.5 - the Station House Officer, Kothuru Police Station, in interfering with his personal liberty and not returning his laptop and mobile phone seized in connection with Crime No.39 of 2024 of Kothur Police Station and forcing him to settle disputes with respondent Nos.6 to 9, as being illegal and arbitrary.
2. Heard Mr. Rapolu Bhaskar, learned counsel for the petitioner and Mr. M. Srinivas, learned Assistant Government Pleader for Home.
3. Learned Assistant Government Pleader for Home, having received written instructions dated 21.02.2025 from the Sub-Inspector of Police, Kothuru Police Station, submitted that respondent No.7 lodged a complaint dated 05.02.2024 with respondent No.5 stating that some unknown persons have created fake Instagram and YouTube accounts and posted false videos of
respondent No.7, her husband, and sons blaming their characters and requested to take necessary action. Based on the said complaint, a case in Crime No.39 of 2024 was registered under Section 66-D of the Information Technology Act 2000. After investigation, it was revealed that petitioner has committed the said offence and he was served notice under Section 41A of the Code of Criminal Procedure 1973 (Cr.P.C.) and seized his mobile phone i.e., Redmi company Note 12 pro +5G phone, in the presence of mediators under the cover of panchanama and deposited the same before the learned IX Additional Metropolitan Magistrate Court, Kukatpally, (for short ‘Trial Court’).
4. It is submitted that Police have seized only the mobile phone of the petitioner under the cover of panchanama in Crime No.39 of 2024 and they have not seized any laptop as alleged by him.
5. A copy of written instructions is served on learned counsel for the petitioner.
6. As it is submitted by the learned Assistant Government Pleader for Home that the Investigating Officer in Crime No.39 of 2024 has seized the mobile phone of the petitioner and deposited
with the Trial Court, this Court is not inclined to pass any orders in this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to file appropriate application before the Trial Court seeking release of his mobile phone. On such application being filed, the Trial Court shall pass orders within a period of two (2) weeks thereof. Further, petitioner is also at liberty to avail appropriate legal remedies with regard to the alleged seizure of his laptop. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
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