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2026 Supreme(Online)(Tel) 17522
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V. Venugopal, J
Mohammed Aamar – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.13284 of 2026
For the Appellants/Petitioners: Md. Fasiuddin
For the Respondents: M. Srinivas
A petitioner seeking the release of a vehicle seized in a criminal investigation and produced before a Magistrate must approach the trial court for redressal rather than filing a writ petition.
Headnote:(A) Writ Jurisdiction - Release of Seized Vehicle - Alternative Remedy - When a vehicle is seized in connection with a criminal case and produced before a Magistrate, the appropriate remedy is to file an application before the trial court rather than seeking a writ of mandamus. (Para 4, 5)
Issues: Whether the petitioner can seek the release of a seized vehicle through a writ petition when the vehicle is already produced before the trial court.
| Table of Content |
|---|
| 1. request for release of seized vehicle (Para 1 , 2 , 3) |
| 2. vehicle produced before trial court (Para 4) |
| 3. direction to seek remedy from trial court (Para 5 , 6) |
ORDER :
This writ petition is filed seeking the following relief:
“…to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the Respondents in not releasing the Mahindra Thar vehicle bearing Registration No.TGO7 2211 belonging to the Petitioner as illegal and arbitrary and consequently direct the Respondents to forthwith release and return the said vehicle to the Petitioner and pass…”
2. Heard Mr.Md.Fasiuddin, learned counsel appearing for the petitioners, Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.
3. Learned counsel appearing for the petitioner submits that the respondent Nos.1 to 3 are not releasing Mahindra Thar Vehicle bearing registration No.TG07 2211 belonging to the petitioner. Aggrieved by the same, the present writ petition is filed. Stating so, he would seek a direction to the respondents to forthwith release and return the said vehicle to the petitioner and to pass appropriate orders.
4. When the matter is taken up for hearing, learned Assistant Government Pleader appearing for Home by furnishing a copy of written instructions, submits that the subject vehicle is involved in Crime No.168 of 2026 registered on 23.03.2026 for the offences punishable under Sections 318(4), 305(b) read with Section 3(5) of BNS before Moinabad Police Station, Future City Commissionerate. Pursuant to the same, the subject vehicle was seized and produced before the I Additional Judicial Chief Judge-cum-XII Judicial Magistrate First Class, Ranga Reddy District, Rajendranagar (‘trial Court’) through Form-60 vide Inward No.1666 of 2026, dated 20.04.2026. He further submits that the petitioner, instead of approaching the competent authority for redressal of his grievance, rushed to this Court by filing the present writ petition. Stating so, he would seek to dismiss the writ petition.
5. In view of the said circumstances, this Court without going into the merits and demerits of the case, deems it appropriate to dispose of the writ petition leaving it open to the petitioner to take necessary steps by filing an appropriate application before the trial Court for release of the subject vehicle.
6. Accordingly, the writ petition is disposed of. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand dismissed.
