IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7264 of 2008 Between: M.Durga Rao s/o. M.Satyanarayana M.B.R.Travels, Opp. Old Bus Stand, Anjaneya Swamy Street, Vijayawada, Krishna Dist. ..... PETITIONER AND 1 The Asst. Secretary, Regional Transport Authority, Krishna, Vijayawada. 2 Motor Vehicle Inspector, Renigunta Check Post, Renigunta, Chittoor Dist. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ, Order or direction, preferably one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not releasing the Contract Carriage Bus bearing Registration No. KA.02/C.5666 as directed by the 1st respondent vide Proceedings No. 6400/A3/2008 dated 19-03-2008 to the petitioner as illegal, arbitrary and contrary to law consequently direct the 2nd respondent herein to release the said vehicle which was seized pursuant to his Vehicle Check Report No. 2576916 dated 3-3- 2008 to the petitioner herein forthwith and pass Counsel for the Petitioner:MR.E.MARUTHI RAJA Counsel for the Respondent No.: GP FOR TRANSPORT The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 7264 of 2008 Order: This writ petition is filed seeking a Mandamus declaring the action of respondent No.2, namely the Motor Vehicle Inspector, Renigunta Check Post, Renigunta, Chittoor District, in not releasing the contract carriage Bus bearing Registration No. KA 02/C.5666, as directed by respondent No.1, vide proceedings dated 19.03.2008, to the petitioner, as illegal, arbitrary and contrary to law and consequently to direct respondent No.2 to release the said vehicle, which was seized pursuant to his vehicle check report dated 03.03.2008. Learned counsel for the petitioner contends that the petitioner has paid the balance amount of Rs.97,400/- towards A.P. Tax for the quarter ending with 31.03.2008, and compounded the offence under the Motor Vehicles Act, and therefore, the vehicle has to be released. He further contends that despite compounding of offence and passing of release order dated 19.03.2008 by respondent No.1, respondent No.2 is not releasing the vehicle, which is illegal and arbitrary. A counter affidavit is filed on behalf of the respondents. Reiterating the counter averments learned Government pleader for Transport submitted that the petitioner has committed two offences - one he has not paid the tax and the second he is plying the vehicle with a bogus permit, and therefore, it was seized. He submitted that so far as the offence of not paying the tax is concerned, an enquiry is going on under the provisions of the Motor Vehicles Act, and insofar as the second offence i.e., using bogus permit for plying the vehicle is concerned, respondent No.2 has launched prosecution under Section 192-A of the Motor Vehicles Act, by registering a Crime No. 38 of 2008, under Sections 468, 471 read with Section 34 of IPC, which is pending on the file of the III Additional Judicial Magistrate of First Class, Tirupathi. He further submitted that since the vehicle is the subject property of Crime No. 38 of 2008, the petitioner has to approach the III Additional Judicial Magistrate of First Class, Tirupathi, for release of the vehicle. Heard the learned counsel for the petitioner and the learned Government Pleader for Transport and perused the counter averments. A perusal of the counter filed by the respondents clearly shows that that the petitioner has committed two offences, one is not paying the tax and; the other is plying the vehicle with a bogus permit, and so far as the offence of not paying the tax is concerned an enquiry is said to be going on under the provisions of the Motor Vehicles Act, and insofar as the second offence i.e., using of bogus permit for plying the vehicle is concerned, it is stated that respondent No.2 has launched prosecution under Section 192-A of the Motor Vehicles Act, by registering a Crime No.38 of 2008, under Sections 468, 471 read with Section 34 of IPC, which is pending on the file of the III Additional Judicial Magistrate of First Class, Tirupathi. The petitioner has committed two distinct offences, one touching the provisions of the Motor Vehicles Act and the second touching the provisions of the Indian Penal Code. Since the vehicle is under judicial custody for the offence committed by the petitioner under the provisions of the Indian Penal Code, and having regard to the fact that the vehicle is subject property of Crime No. 38 of 2008, it is not proper for this Court to direct respondent No.2 to release the subject vehicle, and it is for the petitioner to approach the competent Criminal Court where the crime is pending, and make a request for release of the vehicle. Accordingly, the writ petition is dismissed granting liberty to the petitioner to approach the competent Criminal Court where the crime is pending, for release of the vehicle. No costs. ___________________ N.V. RAMANA, J. Date: 25.04.2008 Ksr/Nsr