Telangana High Court

WP/38436/2012 of Pala Vijaya Laxmi W/o. Late Pala Yedu Kondalu, Vs The superintendent of Police, West Godavari District, Eluru. on 28 December 2012

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RAMESH RANGANATHAN WRIT PETITION No.38436 of 2012 ORDER: The present Writ Petition is filed questioning the action of respondent No.3 in forcibly seizing the petitioner’s tractor with registration No.AP 37 AX 4362, and in detaining the driver without registering any crime from

HON'BLE SRI JUSTICE RAMESH RANGANATHAN

WRIT PETITION No.38436 of 2012

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ORDER:

The present Writ Petition is filed questioning the action ofrespondent No.3 in forcibly seizing the petitioner’s tractor withregistration No.AP 37 AX 4362, and in detaining the driver withoutregistering any crime from 04.12.2012 till date, as arbitrary andillegal.

When the matter came up on 21.12.2012, learnedGovernment for Home, on instructions, would submit that CrimeNo.254 of 2012 was registered on 06.12.2012 on the file ofBhimavaram II Town Police Station for the offence under Section379 IPC; the petitioner’s vehicle was seized, and the said vehiclehas since been produced before the Court of II Additional JudicialFirst Class Magistrate, Bhimavaram, on 16.12.2012 i.e., after theWrit Petition is filed.

While it does appear that the respondents had caused thevehicle to be produced in Court only because a Writ Petition was, Ido not deem it appropriate to delve further on this aspect as thepetitioner can as well file an application before the competentCourt seeking release of the vehicle. Leaving it open to thepetitioner to do so, the Writ Petition is closed.

The Miscellaneous Petitions, if any, pending in this WritPetition also shall stand closed.

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JUSTICE RAMESH RANGANATHAN

28[th] December 2012

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