IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.24782 of 2008 Between: S. Subramani S/o. Somarajan R/o. 27-12-38, Opp. Super Bazaar, Governorpet, Vijayawada, Krishna Dist. ..... PETITIONER AND 1 Govt. of Andhra Pradesh Rep. by its Secretary Home Department, Secretariat Buildings, Hyderabad. 2 The Superintendent of Police, Nalgonda, Nalgonda Dist. 3 The Station House Officer, Choutuppal Police Station, Nalgonda Dist. .....RESPONDENTS 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein, keeping the lorry bearing registration No.AP 16 TX 2957 of the petitioner in its custody as illegal, arbitrary, violative of Article 14 and 300-A of the Constitution of India and consequently direct the 3rd respondent to forthwith release the lorry bearing registration No.AP 16 TX 2957 of the petitioner. Counsel for the Petitioner: MR.T.C.D.SEKHAR Counsel for the Respondents: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.24782 OF 2008 ORDER: This writ petition is ﬁled seeking a Mandamus declaring the action of the 3rd respondent- Station House Oﬃcer, Choutuppal Police Station, Nalgonda District, in keeping the lorry bearing registration No. AP 16 TX 2957 belonging to the petitioner in his custody, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India, and consequently direct the 3rd respondent to forthwith release the said lorry of the petitioner. It is the case of the petitioner that he is the owner of the lorry bearing registration No. AP 16 TX 2957 and the same was seized by the 3rd respondent- Station House Oﬃcer, Choutuppal Police Station, Nalgonda District, in connection with Crime No.217 of 2008, registered for the oﬀence punishable under Section 304-A I.P.C., which arose out of death of a person in a road accident occurred due to the rash and negligent driving of the driver of the said lorry. The grievance of the petitioner is that the said lorry is not being produced before the concerned Criminal Court, but the same is kept in the premises of the Police Station, and as such he is unable to seek release of the same. Learned Government Pleader for Home appearing for the respondents, on instructions, submits that the lorry was never seized by the police and on the other hand, as soon as the accident took place, the driver and cleaner of the lorry ﬂed away and, therefore, the same is kept in the premises of the police station. He further submits that as and when the petitioner approaches the 3rd respondent along with necessary documents in proof of his ownership, the lorry would be released in his favour by following the due procedure. In view of the above submission of the learned Government Pleader, I deem it appropriate to direct the petitioner to approach the 3rd respondent and submit appropriate application, along with necessary documents in proof of his ownership over the lorry in question, seeking release of the said lorry. On such application being submitted, the 3rd respondent shall consider and dispose of the same in accordance with law, within a period of one week thereafter. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 19th November, 2008. Note:- Issue CC in three days. BO IBL