THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.30991 OF 2024 ORDER : (ORAL)

This writ petition is filed by the petitioners seeking to declare the action of respondent No.4 - the Station House Officer, Rajendra Nagar Police Station, in seizing the vehicle i.e., Tirumph Speed 400 (Red Colour) bearing Chassis No.MD2B41MX8RNA24604 and registration No.TG-07-D-1247, without any crime being registered, as being illegal and arbitrary.

2. Heard Mr. E. Venkat Siddhartha, learned counsel for the petitioners; and Mr. B. Sridhar, learned Assistant Government Pleader for Home.

3. It is stated that petitioner No.1 is the mother of petitioner No.2 and the subject vehicle is registered on the name of petitioner No.1. That when petitioner No.2 was riding the subject vehicle, he met with an accident on 14.10.2024 around 10:45 P.M. at Aramgadh, Rajendranagar. Initially he was admitted at Srikara Hospital and later he was shifted to Mahaveer Hospital, Masab Tank, Hyderabad. The vehicle of petitioner No.2 was kept at respondent No.4 Police Station. When petitioner No.2 went to Police Station on 17.10.2024 and requested respondent No.4 to return the vehicle, he refused to do so.

4. It is submitted that vehicle of petitioner No.2 was hit by another vehicle and he suffered injuries. Thus, action of respondent No.4 in seizing petitioners’ vehicle is illegal. Even assuming that vehicle of the petitioners’ is required for the purpose of investigation, after complying with required formalities respondent No.4 ought to have released the vehicle.

5. According to learned Assistant Government Pleader for Home, there is no crime registered so far. As the subject vehicle was lying on the road and abandoned by the petitioner No.2, it was brought to the Police Station. Neither the petitioner No.2 nor his family members came to Police Station to take back the vehicle.

6. Considering that no crime is registered and subject vehicle of petitioner No.2 is lying with respondent No.4 since the date of accident i.e., 14.10.2024, the writ petition is disposed of directing respondent No.4 - the Station House Officer, Rajendranagar Police Station, to forthwith handover the subject vehicle i.e., Tirumph Speed 400 (Red Colour) bearing Chassis No.MD2B4 1MX8RNA24604 and registration No.TG-07-D-1247 to the petitioners. If the subject vehicle is required for the purpose of investigation, respondent No.4 is at liberty to impose necessary conditions for production of subject vehicle as and when required.

There shall be no order as to costs.

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

______________________ B. VIJAYSEN REDDY, J November 06, 2024 Note: Furnish CC today (BO) MS