THE HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.30789 of 2024

ORDER:

The writ petition is filed aggrieved by the action of the respondent No.5 in illegal seizing the Tata Safari bearing No.TS 07 JN 2484 and Cell Phone viz. Iphone X with No.9989927278 of the petitioner in connection with FIR.No.1151 of 2024 of Hayathnagar Police Station and not releasing the same, as being arbitrary, illegal and unconstitutional.

2. Learned Assistant Government Pleader for Home, on the basis of the written instructions, submitted that Cr.No.1151 of 2024 of Hayathnagar Police Station was registered under Sections 324(4) and 329(3) of the Bharatiya Nyaya Sanhitha, 2023, on the complaint lodged by one Dharshanam Mogulaiah, stating that in the last three years the Telangana State Government announced Padma Shri Award in the category of Artist and as part of that, the Government gave him 600 sq. yards of land in Sy.No.159 of Bagh Hayathnagar, vide proceedings of the District in LCI/4790/ 2021 on 20.09.2024. He constructed precast compound wall and on 11.10.2024, he found that the left side of the precast compound wall was damaged. During investigation, the petitioner-A1 was arrested on 16.10.2024 and he confessed to have committed the crime. Thereupon, the Investigation Officer seized the subject vehicle and cell phone from the possession of the petitioner and served a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhitha, 2023 and A2 to A4 are still absconding. It is further stated that the Investigation Officer deposited the seized property along with Form 60 before the concerned Magistrate on

30.10.2024.

3. Learned Assistant Government Pleader for Home submitted that the petitioner has alternate remedy by filing an application under Section 451 read with Section 457 of the Criminal Procedure Code, 1973, for return of the seized vehicle and cell phone.

4. As the subject vehicle and the cell phone were seized in the course of investigation, deposited before the trial Court vide Form 60 appended to the written instructions and the matter being seized of by the trial Court, this Court is not inclined to grant any relief to the petitioner.

5. However, the writ petition is disposed of with liberty to the petitioner to file an application under Section 451 read with Section 457 Cr.P.C. seeking release/return of the subject vehicle and cell phone. On such application, being filed, the trial Court shall pass orders within a period of one week thereafter.

The miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

____________________ B. VIJAYSEN REDDY, J November 18, 2024 Note: Issue CC by 19.11.2024 (B/ o) DSK