B V V Suryanarayana vs. State Of Ap

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble K Manmadha Rao
Case Status:Disposed
Order Date:29 Apr 2024
CNR:APHC010681572016

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble K Manmadha Rao

Listed On:

29 Apr 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR /

n.. .r- PRESENT \ THE HONOURABLE DR JUSTICE K.MANMADHA RAO

WRIT PETITION NO: 23031 OF 201 fi

Between:

63^ S/o.Veerabhadra Rao, aged about 37 years, R/o Dtetrict Vijayawadl Krishna

...Petitioner

AND

  • of
    1. The Commissioner of Police, Vijayawada City, Krishna District.
  • Aw'w' S/o.Lakshmipathi Rao, aged Maior D No 18-1 <sup>9</sup> Ayodyaramapuram. Samalkota, Ea& Godavari Dltrict '

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order particularly in the nature of Writ of Mandamus may or Direction more declaring the action of the respondents in calling the petitioner for investigation of <sup>a</sup> complaint given by S''"' respondent without registering the same since 19-11-2014 as arbitrary, illegal, capricious and violative of provisions of Cr.P.C as well as Bench of Apex Court and guidelines laid down the guidelines issped by the Constitutional consequently direct the respondents to adhere to the by the Apex Court in registering and investigation.

I.A. NO: <sup>1</sup> OF 2016rWPMP. NO: 28327 OF 2016)

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to call the petitioner for the purpose ofVinvestigation on the complaint given by the 3'^'^ respondent pending disposal of the above writ petition in this Hon'ble Court.

Counsel for the Petitioner: SRI SAI GANGADHAR CHAMARTY

Counsel for the Respondent No.2: GP FOR HOME

Counsel for the Respondent No.3: NONE

The Court made the following: ORDER

APHC010681572016

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3310]

MONDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 23031/2016

Between:

<sup>B</sup> VV Suryanarayana ...PETITIONER

AND

State Of Ap PrI Scy Home Hyd 2 and Others ...RESPONDENT(S)

Counsel for the Petitioner:

I.SAI GANGADHAR CHAMARTY

Counsel for the Respondent(S):

1.GP FOR HOME(AP)

The Court made the following Order:

The writ petition is filed under Article 226 of the Constitution of India for the following relief:

"....to issue an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in calling the petitioner for investigation of a complaint given by 3'^ respondent without registering the same since 19.11.2014 as arbitrary, illegal capricious and violative of provisions of Cr.P.C as well as the guidelines issued by the Constitutional Bench of Apex Court and consequently direct the respondents to adhere to the guidelines laid down by the Apex Court in registering and investigation ...."

Heard Sri T. Raghu, learned counsel representing Sri Sai $\overline{2}$ . Gangadhar Chamarty, learned counsel for the petitioner and learned Assistant Government Pleader for Home for the official respondents.

Perused the material on record. $3.$

Learned counsel for the petitioner submitted that this Court, vide $\boldsymbol{4}$ Order, dated 18.08.2016, while issuing Rule Nisi, has granted interim direction in W.P.MP.No.28327 of 2016, as under:

"Pending further orders, the respondent Nos.1 and 2 are directed to strictly comply with Section 41-A of the Criminal Procedure Code if they wish to conduct any investigation against petitioner as per FIR No.814 of 2014 and FIR No.755 of 2014 registered against the petitioner."

Learned Assistant Government Pleader for Home submitted that, 5 in pursuant to the above interim order, the respondent - Police has investigated the cases and filed charge sheet.

Recording the said submission and in view of the above interim $6.$ order, this Court feels that nothing survives in the present writ petition for adjudication, and the same is liable to be closed.

Accordingly, the Writ Petition is closed. No order as to costs. $\mathsf{7}.$

As a sequel, interlocutory applications, if any pending, shall stands closed.

//TRUE COPY//

SD/- K. TATA RAO

SECTION OFFICER

DEPUTY REGIS

To,

  1. One CC to Sri Sai Gangadhar Chamarty, Advocate [OPUC]

  2. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

  3. Two CD Copies

RAM

HIGH COURT

DATED:29/04/2024

ORDER

WP.No.23031 of 2016

CLOSING THE WP WITHOUT COSTS