GOOLA MAISHAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri Akkam Eshwar, learned counsel for the petitioner and Sri S.Rama Mohan Rao, learned Assistant Government Pleader for Home, appearing for respondent Nos.1 and 2. With their consent, the Writ Petition is disposed of at the stage of admission.

(2.) This Writ Petition is filed to declare the inaction of respondent No.2 in recovering the subject motorcycle i.e., Hero motorcycle bearing registration No.TS17G 2908, as illegal.

(3.) A perusal of the record would reveal that on the complaint lodged by the petitioner, respondent No.2 has registered a case in Crime No.113 of 2021 against respondent Nos.3 and 4 for the offences under Sections 379, 324 and 323 read with 34 of IPC. The Investigating Officer in the said crime has filed a memo before the learned Judicial Magistrate of First Class at Yellareddy, stating that accused No.1 is not cooperating and he did not appear before him. Therefore, they have not recovered the subject vehicle from accused No.1.