Telangana High Court

WP/24987/2005 of M/s. Maheswari Brothers, Vs The Central Crime Station at Hyderabad. on 28 December 2005

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SRI JUSTICE V.ESWARAIAH W.P.NO.24987 OF 2005 DATED 28-12-2005 BETWEEN: M/s Maheswari Brothers .. Petitioner And The Central Crime Station, Hyderabad And others .. Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.24987 OF 2005 ORDER: This writ petition is filed to declare the

THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.24987 OF 2005

DATED 28-12-2005

BETWEEN:

M/s Maheswari Brothers .. Petitioner

And

The Central Crime Station, Hyderabad

And others

.. Respondents

THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.24987 OF 2005

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ORDER:

This writ petition is filed to declare the action of the first respondent in seizingthe vehicle of the petitioner bearing No.AP09 AN 5277 and not conducting anyenquiry or hearing the petitioner as arbitrary, illegal and violation of principles ofnatural justice and direct the first respondent to release the vehicle to thepetitioner.

The case of the petitioner is that vehicle Maruthi Zen bearing No. AP09 AN

5277 2002 model was stolen by somebody on 20.07.2005 night at about11.30am when it was parked in front of the house bearing No.6-3-856 (newNo.357) and accordingly the petitioner made a report on 21.07.2005 to theStation House Officer, Punjagutta Police Station, Hyderabad based on whichF.I.R.No.725/2005 was filed on 21.07.2005 under Section 154 and 157 of theCriminal Procedure Code. Thereafter, the petitioner also made representation,dated 26.07.2005 to the Regional Transport Officer requesting not to transferthe ownership of the said vehicle, if anybody produced for registration. Thepetitioner further stated that the said vehicle has been recovered by the secondrespondent-L.B.Nagar Police Station, Ranga Reddy District, but the same hasnot been released in favour of the petitioner or either conducted any enquiry norproduced before concerned Court.

None appears for the petitioner and that the learned counsel for therespondents stated no instructions.

Having regard to the facts and circumstances of the case, the writ petition isdisposed of directing the third respondent either to produce the vehicle inquestion before the concerned Court or to release the vehicle in question to itsregistered owner, on imposing the conditions that he shall produce the vehiclein question as and when required without any alienation or alteration.

With the above direction the writ petition is disposed of. No costs.

___________

28-12-2005

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