Disposed

Byreddy Chinna Venkateswar Rao, s/o. late Byreddy Appala v. State of Andhra Pradesh

Andhra Pradesh HC12 Feb 2024WP/1290/2015

Case brief

AI extract

What is this about?

Writ petition sought restraint on arrest and harassment by police in connection with a 2014 crime registered for forgery and cheating. With the State stating that the petitioners were only required for investigation purposes and no appearance was made for them, the Court found the cause did not survive.

What the court decided

AI extract

Byreddy Chinna Venkateswar Rao, s/o. late Byreddy… — Quashing and FIR | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY ,THE THIRTEENTH DAY OF FEBRUARY ..
TWO THOUSANDAND TWENTYFOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO ^

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WRIT PETITION NO: 1290 OF 2015

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Between:

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Byreddy Chinna Venkateswar Rao, s/o. late Byreddy Appala, Swamy, Occ: Agriculutre, R/o. Ramachandrapuram, Dammagudem Mandal, Khammam District.

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Tallari Veera Raju, s/o. late Tallari Narayana Murthy,, Occ: Agriculture, R/o. Lakshminagaram Village, Dammagudem Mandal, Khammam District.

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...PETITIONER(S)

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AND

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State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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The District Superintendent of Police, East, Godavari District, Kakinada.

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The Station House Officer,, P.S. Mummidivaram, Mummidivaram Mandal, East Godavari.

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Sri Kotia Satyavathi w/o. late Kotia Gopalakrishna,, Occ: Housewife, R/o. Nakkavaripeta, H/o. Mummidivaram Village and Mandal, East Godavari District.

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Kotia Surendra (Babji), s/o. late Kotia Gopala Krishna,, Occ: Business, R/o. Nakkavaripeta, H/o. Mummidivaram Village and Mandal, East Godavari District.

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Kotia Venkata Srirama Rao (Bujji), s/o. late Kotia Gopala, Krishna, Occ: Agriculture, R/o. Nakkavaripeta. H/o. Mummidivaram Village and Mandal, East Godavari District.

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Guddati Ramakeshava Baiakrishna (Jammi) s/o. iate Ram, chander Rao, Occ: agriculture, R/o; Gedellanka Village, Mummidivaram Mandal East Godavari District - 533216.

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...RESPONDENTS

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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 order the respondents No.2 & 3, not to arrest / harass / frequently calling of the petitioners herein, under the influence of respondents No.5 to 7, in Crime No.129 of 2014 dated 10.08.2014, registered by the Police Mummidivaram, East Godavari District, u/sec.468i 420, 34 IPC, basing on the suspicious complaint lodged by the respondent No.4 at the instance of the respondents No.5 to 7

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LA. NO: 1 OF 2015fWPMP. NO: 1690 OF 2015)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in Cr, No. 129 of 2014 dt.10.08.2014 registered by the Police Mummidivaram ^ , East Godavari District, U/s. 468, 420, 34 IPC basing on the suspicious complaint lodged by the respondent No.4 at the instance of the respondents No.5 to 7 pending disposal of the writ petition

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Counsel for the Petitioners: SRI G LAXMIKANTH REDDY

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Counsel for the Respondents No.1 to 3: GP FOR HOME (AP)

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Counsel for the Respondents No.4 to 7: MAHESWARA RAO KUNCHEAM

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The Court made the following: Order

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[ 3310 ]

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE THIRTEENTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY. FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 1290 OF 2015

¶33

Between:

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Byreddy Chinna Venkateswar Rao, s/o. late Byreddy Appala, Swamy, Occ; Agriculutre, R/o. Ramachandrapuram, Dammagudem Mandal, Khammam District.

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Tallari Veera Raju, s/o. late Tallari Narayana Murthy n Occ: Agriculture, R/o. Lakshminagaram Village, Dammagudem Mandal, Khammam District.

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...PETITIONER(S)

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AND

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State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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The District Superintendent of Police East, Godavari District, Kakinada.

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The Station House Officer, P.S. Mummidivaram, Mummidivaram Mandal, East Godavari.

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Sri Kotia Satyavathi w/o late Kotia Gopalakrishna,^Occ: Housewife, R/o. Nakkavaripeta, H/o. Mummidivaram Village and Mandal, East Godavari District,

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Kotia Surendra rp. abji) s/o late Kotia Gopala Krishna, Occ: Business, R/o. Nakkavaripeta, H/o. Mummidivaram Village and Mandal, East Godavari District.

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Kotia Venkata Srirama Rao (Bujji) s/o late Kotia Gopala Krishna, Occ: Agriculture, R/o. Nakkavaripeta, H/o Mummidivaram Village and Mandal, East Godavari District.

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Guddati Ramakeshava Balakrishna (Jammi) s/o late Ram, chander Rao, Occ: agriculture, R/o. Gedellanka 533216 East Godavari District -

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...RESPONDENTS

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Pebtion 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 order the raZ Of fh arrest/harass/frequertly calling Of the petitioners herein, under the influence of respondents No.5 to 7, in Crime No.129 of 2014 dated 10.08.2014, registered by the Police Mummidivaram, East Godavari District, u/sec.468, 420, 34 IPC, basing on the suspicious complaint lodged by the respondent No 4 at the instance of the respondents No.5 to 7.

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Petitioner(s):SRI. G LAXMIKANTH KEDDY

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Counsel for the Respondents: GP FOR HOME (AP)

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KUNOHEAM S912/MAHESWARA^RAO

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The Court made the following:

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No appeared for the petitioners.

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When the matter is taken up consideration, learned Assistant Government Pleader for Home, basing on the written instructions, dated 05.02.2015, of the Assistant SubInspector of Police, Mummidivaram Police Station, East Godavari District, submits that on i investigation purpose of

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Crime No.129 of 2014 only the petitioners were required^and called to the police station but the petitioners, instead of cooperating with the investigating agency, filed the present writ petition with baseless allegations on mere apprehension only.

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Recording the submissions made by the learned Assistant Government Pleader for Home and as the cause in the writ petition does not survive, the Writ Petition is closed. No order as to costs.

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As a sequel,''interlocutory applications, if any pending,

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f' 1 .
shall stands closed. •

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To,

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//TRUE COPY//

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Sd/- K J RAJA BABU ASSISTAN-n REGISTRAR SECT! OFFICER

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One CC to SRI G LAXMIKANTH REDDY Advocate [OPUC]

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Two CCs to GP FOR HOME (AP), High Court of Andhra Pradesh [OUT]

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One CC to SRI MAHESWARA RAO KUNCHEAM Advocate [OPUC]

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Three CD Copies

HIGH COURT

DATED:13/02/2024

ORDER

WP.No.1290 of 2015

CLOSING THE WRIT PETITION WITHOUT COSTS

Byreddy Chinna Venkateswar Rao, s/o. late Byreddy Appala v. State of Andhra Pradesh

Case brief

What is this about?

What the court decided

Byreddy Chinna Venkateswar Rao, s/o. late Byreddy Appala v. State of Andhra Pradesh

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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