Citation : 2026 Latest Caselaw 628 Tel
Judgement Date : 10 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.5416 of 2026
Date: 10.04.2026
Between:
Syed Tayyab Ali
...Petitioner
AND
The State of Telangana.
...Respondent
ORDER
This Criminal Petition has been filed by the petitioner,
seeking to quash the order in Crl.M.P.No.179 of 2026 in
Crime No.582 of 2025 on the file of the Junior Civil Judge-cum-
Judicial Magistrate of First Class, Vemulawada.
2. Heard Mr.T.Ram Prasad, learned counsel for the petitioner
and Mr.Jithendar Rao Veeramalla, learned Additional Public
Prosecutor for the respondent.
3. Learned counsel for the petitioner submitted that the
petitioner is the owner of the vehicle, namely, Ashok Leyland
Lorry, bearing registration No.KA-56-1288 and the same was
seized by the police, Vemulawada, in Crime No.179 of 2026 and
since then it was in the custody of the Station House Officer,
Vemulawada Town Police Station. The petitioner has not been
made as an accused and has not committed any offence. The
petitioner had approached the trial Court and filed Crl.M.P.No.179
of 2026 seeking interim custody of the said vehicle. The trial Court
without properly considering the contentions of the petitioner has
erroneously dismissed the petition on the ground that the said
Court is not having jurisdiction, though the trial Court is having
jurisdiction to adjudicate the petition at the crime stage. He further
submitted that the petitioner is depending upon the income arrived
from the said vehicle. Unless the said vehicle is released, the
petitioner will be put to great hardship. The petitioner is ready and
willing to abide by any conditions that may be imposed by this
Court and, therefore, requested this Court to release the said
vehicle.
4. Per contra, learned Additional Public Prosecutor submitted
that the petitioner shall furnish sureties and shall give an
undertaking not to alienate the said vehicle in favour of any third
party or create any third party interest.
5. Having considered the rival submissions made by the
respective parties and upon perusal of the record, it reveals that
Ashok Leyland Lorry, bearing registration No.KA-56-1288 was
seized by the police, Vemulawada, in Crime No.179 of 2026.
According to the learned counsel for the petitioner, the said vehicle
is under the control of the Station House Officer, Vemulawada
Town Police Station.
6. Taking into consideration the peculiar facts and
circumstances of the case, this Court is inclined to grant interim
custody of the vehicle, namely, Ashok Leyland Lorry, bearing
registration No.KA-56-1288, in favour of the petitioner on his
executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) with two sureties to the satisfaction of the Station
House Officer, Vemulawada Town Police Station. The petitioner
shall also furnish an undertaking that he shall not alienate the said
vehicle or change its physical features. The Station House Officer,
Vemulawada Town Police Station shall write to the RTA Authority
not to transfer the said vehicle in favour of any third party without
clearance from the Court. It is needless to state that the petitioner
shall produce the said vehicle before the Investigating Officer or
before the concerned Court whenever they are required.
7. Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________ JUSTICE J. SREENIVAS RAO 10.04.2026 Note: Issue CC tomorrow b/o.
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