IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.112 of 2009 Between: Mohd Haneef Khan S/o Munna Khan R/o. Kuzineer, Rajghad Dist., M.P State. ..... PETITIONER AND The Sub Inspector of Police, Chityal Police Station, Nalgonda District. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent herein in seizing the vehicle lorry bearing No. UP 75 F 8487 in Cr.No.238/2008 of Chityal P.S. Nalgonda Dist, and consequential action of the respondent herein in seizing the Vehicle- lorry bearing No. UP 75 F 8487 in Cr No.238/2008 of Chityal P.S. Nalgonda Dist, as illegal and arbitrary. Counsel for the Petitioner: MR.A.VENKATASWAMY YADAV Counsel for the Respondent: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.112 OF 2009 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Home. It is the case of the petitioner that his lorry bearing No. UP 75 F 8487 was seized by the police of Chityal, Nalgonda District, in connection with Crime No.238 of 2008, which was registered against his driver for the offence punishable under Section 379 I.P.C. It is his grievance that the said lorry is not at all involved in the aforesaid crime and that the same is lying in the premises of Chityal Police Station and, thus, there is every possibility of it being damaged. Therefore, the petitioner seeks directions for release of the said lorry in his favour. Learned Government Pleader for Home, on instructions, submits that the lorry seized was produced before the concerned Court towards case property in the aforesaid crime and, thus, the petitioner can approach the concerned Court for release of the same. A copy of the list of properties sent to the concerned Magistrate is also produced before this Court. In view of the above, the petitioner is directed to file an appropriate application before the concerned Magistrate, seeking release of the vehicle in question. With the above direction, the writ petition is disposed of. No order as to costs. _________________ JUSTICE N.V. RAMANA 27th January, 2009 IBL