IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.18957 of 2010 Between: Kapila Venkatesh ... PETITIONER a n d The Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and another … RESPONDENTS ORDER: This writ petition has been filed by Kapila Venkatesh seeking Mandamus declaring the action of the Station House Officer, Nandigama Police Station in seizing vehicle bearing No.AP-29-T-8189 as illegal and arbitrary. 2. When the writ petition came up for admission, learned Assistant Government Pleader for Home takes notice on behalf of respondents. Second respondent filed counter-affidavit. 3. It is stated in the counter-affidavit that the vehicle came to be seized in Crime No.105 of 2010 registered for the offences under Sections 379 or 411 r/w.511 of the Indian Penal Code and Section 31 Cl.4(a) of A.P. Mines and Minerals Concession Rules, 1960. The police after due investigation filed charge sheet in the Court of Judicial Magistrate of First Class, Nandigama. The learned Magistrate took the charge sheet on file as C.C.No.337 of 2010 and the same is pending. 4. Heard learned counsel appearing for the parties. 5. Indisputably, the vehicle bearing No.AP-29-T-8189 came to be seized during the course of investigation of Crime No105 of 2010. Seizure has been reported to the concerned Magistrate. Police after due investigation filed the charge sheet and the case is pending as C.C.No.337 of 2010. Since seizure has already been reported to the Magistrate the petitioner is at liberty to approach concerned Court for release of the vehicle for interim custody. It is brought to my notice that the petitioner has already moved such an application before the concerned Court and the same is pending consideration. 6. In that view of the matter, the writ petition is disposed of directing the Judicial Magistrate of First Class, Nandigama to consider the application filed by the petitioner for release of the vehicle for interim custody and pass appropriate orders. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J August 16, 2010. Note: 1. Mark copy of this order to the Court of the Judicial Magistrate of First Class, Nandigama. 2. Furnish C.C. in three (3) days. B/o.PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.18957 of 2010 August 16, 2010 Note: Furnish C.C. in three (3) days. B/o.PN