IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10566 of 2008 Between: M/s. Neem Systems Pvt. Ltd. Rep by Accounts Manager, Sri Singam Seetharami Reddy, O/o. No. 1714, Yeturu Towers, 4th Floor, A.C. Guards, Saifabad, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Saifabad Police Station, Hyderabad. 2 The Assistant Commissioner of Police, Saifabad Division, Hyderabad. 3 The Commissioner of Police, Hyderabad. 4 Y. Ramachandra Reddy, S/o. Y. Ram Reddy, R/o. H.No. 843, Banjara Avenue, Banjara Hills, Hyderabad. 5 Mohd. Nagrathi Ali Khan, s/o. Mohd. Ikram Ali Khan, R/o. H.No. 8-1-398/B/5/2/A, IAS Colony, Rayadurgam, Hyderabad. .....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 any appropriate writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the action of the respondents no. 1 to 3 in seizing the 79 monitors 52 CPUs and other relevant materials as per seizure panchanama dt. 14-7-2007 as illegal, arbitrary and unreasonable and consequently direct the respondents 1 to 3 to release the seized articles of the petitioner as per seizure panchanama dt. 14-7-2007 forthwith to the petitioner and pass Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10566 of 2008 ORAL ORDER This writ petition is ﬁled seeking a declaration that the action of the respondent Nos.1 to 3, in seizing 79 Monitors, 52 CPUs and other material under panchanama dated.14-07-2007, is arbitrary and illegal. In the aﬃdavit ﬁled in support of the writ petition, it is stated that the petitioner-M/S.Neem Systems Private Limited, is a lawful tenant and in occupation of the premises bearing No 1714, Yeturu Towers, 4 th Floor, A.C.Guards, Saifabad, Hyderabad since 2001. It is alleged that on 09-06-2007 the 4th respondent, who is the owner of the premises along with the 5th respondent and his henchmen locked the premises illegally in the absence of the Managing Director of the petitioner-Company. Having come to know of the same, the petitioner lodged a complaint on 12.6.2007 before the Saifabad Police Station and on the basis of the same, Cr.No.378 of 2007 was registered for the oﬀence punishable under Sections.448, 341 and 34 of IPC against the respondent Nos.4 and 5 herein. During the process of investigation, the Investigation Oﬃcer on 14-07-2007 visited the premises and conducted panchanama of the articles available in the premises in question and thereafter the entire premises was locked and sealed. Subsequently, a charge sheet was ﬁled in the Court of I Additional Chief Metropolitan Magistrate, Hyderabad City on 20-12-2007 stating that investigation established that the respondent Nos.4 and 5 herein had committed an oﬀence punishable under Sections.380,506,454 and 472 of IPC. While so, the 4th respondent herein ﬁled W.P.Nos.5818 of 2008 seeking a declaration that the action of the respondents in locking the premises is arbitrary and illegal. He also ﬁled WPMP No.7572 of 2008 seeking a direction to release his immovable property. This Court by an order dated.23-03-2008 while holding that the police have no power to lock the premises and keep the key with the custody of the Magistrate, directed to take return of the key from the Magistrate concerned and handover the same to petitioner therein. The present writ petition is ﬁled alleging that taking advantage of the interim order passed by this Court in W.P.No.5818 of 2008, the 4 th respondent is likely to take the custody of even the valuable movable properties belonging to the petitioner which are lying in the building. Accordingly the petitioner seeks a direction to the respondent Nos.1 to 3 to release the seized articles forthwith. The Inspector of Police, Saifabad P.S. filed a counter-affidavit stating that the Investigation Oﬃcer visited the scene of oﬀence on 14-07-2007 and after apprehending Accused No.2 seized the key of the premises from him under a cover of mediators report and deposited the same in the Court. After completing the investigation, charge sheet was ﬁled before the I Additional Chief Metropolitan Magistrate, Hyderabad City and the same was taken on file vide Calendar Case No.1071 of 2007. Heard the learned counsel for both parties. The learned Government Pleader for Home submitted that in obedience to the interim direction of this Court in W.P.No.5818 of 2008, the key of the premises in question was already handed over to the 4th respondent under a proper acknowledgment on 10-04- 2008. The question whether the movable properties belonging to the petitioner herein are still lying in the premises and whether the 4th respondent herein has taken the same into custody cannot be gone into by this Court. At any rate, since the charge sheet has been ﬁled and the matter is taken cognizance by the competent Court, it is for the petitioner to move an appropriate application before the I Additional Chief Metropolitan Magistrate, Hyderabad City for release of the seized articles. This Court cannot enter into such disputed questions of fact and no direction for release can be granted in exercise of jurisdiction under Article 226 of the Constitution of India. Accordingly the writ petition is disposed of leaving it open to the petitioner to move an appropriate application in the Court of the I Additional Chief Metropolitan Magistrate, Hyderabad City. No order as to costs. __________ G.ROHINI,J 25th September,2008 *TSNR