IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25180 of 2002 Between: Prabhakar Yelmali S/o Bhima Shankar R/o Karajagi, Akkalkot taluk, Sholapur District, Maharashtra. ..... PETITIONER AND 1 Station House Officer, Kondapur Police Station, Kondapur, Sadashivpet, Medak District. 2 Superintendent of Police, Medak District, Medak. 3 Deputy Superintendent of Police, Sangareddy. 4 M/s. Deepak Transport Agencies Ltd., 16-2-839/1, Saidabad Colony, Hyderabad. 5 Station House Officer, Vanastalipuram Police Station, Vanastalipuram, Ranga Reddy District. .....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 a writ order or direction, particularly WRIT OF MANDAMUS declaring the action of the 1st Respondent releasing the petitioner's vehicle th the 4th Respondent as illegal, without jurisdication and viod and consequently direct the 1st respondent to recover the vehicle MWC 4477 and deliver the same to the petitioner and to pass Counsel for the Petitioner :MR.SRINIVAS CHOWDARY Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the 1st respondent in releasing the petitioner’s vehicle bearing No. MWC-47 in favour of the 4th respondent, as illegal and arbitrary and consequently to direct the first respondent to recover the said vehicle and deliver the same to the petitioner. A counter has been filed by the first respondent stating that on the report dated 20.10.2002 made by the village secretary, Girmapur village before the Police Station, Kondapur about the parked vehicle bearing No. MWC-4477 on NH-9 in the limits of Girmapur which was causing obstruction to the free flow of the vehicular traffic, the Sub-Inspector of Police asked the village secretary to take care of the vehicle till the person concerned comes and takes away the same. It is stated that no crime has been registered in connection with the said vehicle, but on a complaint lodged by the driver of the said vehicle with regard to the theft of 12 bales of cloth on the intervening night of 19/20.10.2002, a case in Crime No.80 of 2002 for the offence under Section 379 IPC was registered by the first respondent on 26.10.2002. It is further stated that the 4th respondent also filed a complaint before the Police Station, Vanasthalipuram on 24.10.2002 against the driver of the vehicle and accordingly, a case in Crime No.536 of 2002 for the offence under Section 406 IPC was registered, but the vehicle was not at all seized or produced before the Court concerned and therefore, the question of releasing the said vehicle does not arise. In the circumstances of the case, I am of the opinion that if a crime is registered with regard to the said vehicle, it is always open for the registered owner to file a petition before the criminal Court concerned for its release under Section 457 Cr.P.C. if it is not produced before the Court below and if it is produced, it is open for the registered owner to file an application under Section 451 Cr.P.C. for release of the vehicle. In view of the remedy available before the Court below for release of the said vehicle, the petitioner is not entitled for any relief sought for in this writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:02.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI}