HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1550 of 2008 Dated 1st February, 2008 Between Md. Osman Pasha …Petitioner and The Sub-Inspector of Police, Thandur, RR district …Respondent. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1550 of 2008 ORDER: In this Writ Petition, the petitioner seeks Writ of Mandamus to direct the respondent to release the tractor and trailer bearing Registration Nos. AP.28Y.0046 and AP.28Y.0047 respectively. It is submitted by the learned Counsel for the petitioner that on a complaint filed by one Sri Mallaiah on 13-1-2008, the vehicle in question was seized on the ground that the said vehicle had undertaken illegal transportation of sand, and, pursuant to the same, a case in Crime No.10/2008 was registered for the alleged offence under Section 379 IPC. It is the grievance of the petitioner that though the said vehicle was seized on 13-1-2008, the same is not produced before the competent Magistrate so to move the said authority for release of the vehicle. When the matter had come up on 31-1-2008, the same was adjourned to enable the learned Government Pleader to get instructions. To day, on instructions, it is submitted by the learned Government Pleader that the said vehicle was produced before the learned Judicial Magistrate of First Class, Chevfella on 25-1-2008. As much as the vehicle in question was produced before the Magistrate, it is for the petitioner to move the said authority for release of the vehicle by filing appropriate petition. In that view of the matter, no direction, as prayed for, can be granted in this petition filed under Article 226 of the Constitution of India. The Writ Petition is dismissed leaving open to the petitioner to move the competent Magistrate for release of the vehicle. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 1-2-2008 Msnr.