(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION)

WEDNESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION NO: 14474 OF 2021

Between:

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Busireddy Konda Reddy, S/o. Lakshmi Narasa Reddy, Aged 64, R/o. Door No. 14-81, Opp. Balayesu Church, Nulakapeta, Tadepalli Mandal, Guntur District.

...Petitioner

AND

• 1. The State of Andhra Pradesh, Department of Home, Rep. by its Principal Secretary, Secretariat Buildings, Amaravati, Guntur District.
• 2. The Director General of Police, Andhra Pradesh.
• 3. The Superintendent of Police, Visakhapatnam Rural District, Visakhapatnam.
• 4. The Station House Officer, Munchingput Police Station, Manchingput Village and Mandal, Visakhapatnam District.
• 5. Sri P. Prasada Rao, S/o. Chinavadu, Aged 30, The Sub-Inspector of Police, Visakhapatnam Rural District, Visakhapatnam.
• 6. The National Investigating Agency, (NIA Police Station, Hyderabad) Rep. by its Public Prosecutor appointed U/s.15 of NIA Act.

$...$ Respondents

WHEREAS the Petitioner above named through his Advocate Venkateswarlu Posani presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or an order or direction more particularly one in the nature of writ of Mandamus (a) declaring the action of the respondent police in arraying the petitioner as accused (A-83) in FIR No. RC-1/2021/NIA/HYD of National Investigating Agency (NIA) P.S. (Old Crime No. 47/2020 of Munchingpet P.S., Visakhapatnam Rural district) as illegal, contrary to law, arbitrary and without jurisdiction (b) To quash the FIR No. RC-1/2021/NIA/HYD of National Investigating Agency (NIA) P.S. (Old Crime No. 47/2020 of Munchingpet P.S., Visakhapatnam Rural District) in so far as the petitioner herein (A-83) is concerned.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Venkateswarlu Posani, Advocate for the Petitioner and GP for Home for Respondent Nos.1 to 4, Sri N. Harinath, Assistant Solicitor General for Respondent No.6 directed issue of notice to the Respondent No.5 herein to show cause as to why this WRIT PETITION should not be admitted. You viz:

Sri P. Prasada Rao, S/o. Chinavadu, The Sub-Inspector of Police, Visakhapatnam Rural District, Visakhapatnam.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 26.08.2021, on which date the case stands posted for hearing. The Court made the following:

ORDER:

"Learned Assistant Government Pleader for Home has taken notice for respondents 1 to 4 and requests time to seek instructions.

Issue notice to 5^th respondent.

Print the name of learned Assistant Solicitor General for 6^th respondent. Post the matter after four weeks."

For $\iota$

SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. Sri P. Prasada Rao, S/o. Chinavadu, The Sub-Inspector of Police, Visakhapatnam Rural District, Visakhapatnam.(by RPAD- along with a copy of petition and Affidavit)

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• One CC to Sri. Venkateswarlu Posani, Advocate [OPUC] One CC to Sri N.Harinath, Assistant Solicitor General [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] </ol
• 5. One spare copy.

MSB

HIGH COURT

CMR,J

DATED:28/07/2021

ORDER

POST THE MATTER AFTER FOUR WEEKS

NOTICE BEFORE ADMISSION

WP.No.14474 of 2021