IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TEN THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23701 of 2010 Between: Uppala Mallaiah ……PETITIONER(S) and The Superintendent of Police, Nalgonda District and others ……RESPONDENT(S) THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.23701 of 2010 ORDER: Heard Sri D.Y.N.L.N.Charyulu, learned counsel for the petitioner, and the learned Government Pleader for Home appearing for the respondents. At their request the Writ Petition is being taken up for disposal at the stage of admission. The main grievance of the petitioner is that the 3rd respondent is not releasing the Tractor bearing No.AP-24- AF/TR/2679 and Trailor bearing No.AP-24-AH/TR/1630 though he is ready to furnish sureties. It is the admitted case of the petitioner that, upon a complaint given against him, the 3rd respondent registered a case in Crime No.10 of 2010 for the offence punishable under Sections 337 and 304-A of I.P.C., seized the Tractor and Trailor, and produced the same in C.C.No.454 of 2010 on the file of the Judicial First Class Magistrate, Suryapet. Since the Tractor and Trailor is subject matter of crime in C.C.No.454 of 2010, the petitioner, if he so advised, is at liberty to make an application before the concerned Court either under Section 451 of Cr.P.C. or under Section 457 of Cr.P.C. and seek release of the same, but Writ Petition under Article 226 of the Constitution of India is not maintainable. The Writ Petition is misconceived and is, accordingly, dismissed. However, the petitioner is at liberty to avail the remedies that are available to him in law for release of the said Tractor and Trailor. There shall be no order as to costs. __________________ N.V. RAMANA, J. 24th September 2010 CVRK