IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20434 OF 2010 Between: Ginjupali Srinivasa Rao .....PETITIONER AND The Station House Officer, Nandigam Police Station ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20434 OF 2010 ORDER: The grievance of the petitioner is with regard to the seizure of his vehicle (JCB Proclainer) bearing No. AP 13 TR 5724. The vehicle was admittedly loading sand into a lorry at the time of its seizure. The Station House Officer, Nandigama Police Station, Krishna District, in his written instructions admitted that the petitioner’s vehicle was seized. After the seizure of the vehicle, a case in Crime No.212 of 2010 was registered under Section 379 I.P.C. and the vehicle along with the accused were produced before the Additional Judicial Magistrate of First Class, Nandigama. In the light of the aforestated developments, the appropriate remedy for the petitioner would be to approach the Magistrate concerned under Section 451 of the Code of Criminal Procedure, 1973 and seek release of his vehicle on suitable terms. As stated by the Supreme Court in Sunderbhai Ambalal Desai vs. State of Gujarat[1], the Magistrate would be empowered by the said provision to take suitable measures in this regard. The Writ Petition is accordingly disposed of leaving it open to the petitioner to move an application under Section 451 of the Code of Criminal Procedure, before the Additional Judicial Magistrate of First Class, Nandigama, for release of his vehicle on suitable terms. There shall be no order as to costs. ___________________________ JUSTICE SANJAY KUMAR August 23, 2010 MD THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.20434 OF 2010 August 23, 2010 [1] (2002) 10 SCC 283