Disposed

Vangala Venkateswara Sastry, v. The State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2024WP/13396/2015

Case brief

AI extract

What is this about?

Writ petition sought a direction to investigate FIR No.70 of 2014 registered at Nandigama Police Station. The State informed that the case was referred as 'Civil in Nature' by proceedings dated 30.06.2015. The Court directed service of those proceedings on the petitioner within one week, leaving him free to pursue remedies under law, without costs.

What the court decided

AI extract

Vangala Venkateswara Sastry, Vs The State of Andhra… — 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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MONDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K. MANMADHA RAO

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WRIT PETITION NO: 13396 OF 2015

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Between:

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Vangala Venkateswara Sastry, S/o. Subramanya Sastry, age 61 years, R/o. Door No.23-1 1-31, N.R.P. Road, Satyanarayanapuram, Vijayawada,^{KrishnaDistrict.} ...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad.

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The Superintendent of Police (Rural), Machilipatnam,^{KrishnaDistrict.} 3. The Station House Officer, Nandigama Police Station,^{KrishnaDistrict,} Andhra Pradesh.

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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 issue an appropriate Writ or order or direction more particularly .in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the 3rd respondent in not investigating the case in FIR No.70^{of2014,dt.02.03.2014on} the file the Station House Officer, Nandigama Police Station, Krishna District registered U/s. 192, 197, 204, 477, 406, 34, 120B, 156 (3) of Cr.P.C. is against law, illegal and also against the principles of natural justice and consequently direct the respondents to investigate the case and file the charge sheet in FIR No.70 of 2004 dated 2.3.2014 on the file the Station House officer, Nandigama Police Station, Krishna District.

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I.A. NO: 1 OF 2015fWPMP. NO: 17602 OF 2015)

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to investigate the case and file the charge sheet in FIR No,70 of 2014, dt.02.03.2014 on the file the Station House Officer, Nandigama Police Station, Krishna District, pending disposal of the above writ petition.

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Counsel for the Petitioner : SRI SATYANARAYANA NIMMALA Counsel for the Respondents: GP FOR HOME

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The Court made the following: ORDER

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l! r I

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APHC010012332015 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ (Special Original Jurisdiction) 3310 ] MONDAY ,THE NINETEENTH DAY OF FEBRUARY 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: 13396 OF 2015

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Between:

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VANGALA VENKATESWARA SASTRY, AND OTHERS

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S)

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Counsel for the Petitioner(s):SRI. SATYANARAYANA NIMMALA

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Counsel for the Respondents: GP FOR HOME (AP)

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The Court made the following:

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The present Writ Petition is filed under Article 226^{of ConstitutionofIndia} for the following relief:

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"...to issue an appropriate Writ or order or direction^more particularly in the nature of WRIT OF MANDAMUS declaring the inaction on the part of the 3rd respondentⁱⁿ not investigating the case in FIR No.70 of 2014, dt02.03.2014 on the file the Station House Ofifcer, Nandigama Police Station, Krishna District registered U/s. 192, 197, 204, 477, 406, 34, 120B, 156 (3) of Cr.P.C. is against law, illegal and also against the principles of natural justice and consequently direct the respondents^to investigate the case and file the charge sheet in FIR No.70 of 2004, dt.02.03.2014 on the ifle the Station House Ofifcer, Nandigama Police Station, Krishna District and pass^such other order or orders..."

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Heard learned counsel for the petitioner and the learned Assistant

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Government Pleader for Home for official respondents.

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n i

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/? /

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On hearing, learned Assistant Government Pleader for^{Homefurnisheda} copy of Written Instruction received from Station House^Officer, Nandigama Police Station, NTR District, stating that the case in Crime No.70/2014 was referred as "CN (Civil in Nature)" vide proceedings^{dated30.06.2015.}

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Learned counsel for the petitioner submitted that the^{copyofthesaid} proceedings is not served on the petitioner. on

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Having heard both the sides and on perusal of material^available record, the present writ petition is disposed of directing^{therespondentstoserve} the proceedings dated 30.06.2015 to the petitioner^{withinaperiodofone(01)} week from the date of receipt of copy of this order.^{Onreceiptofthesame,the} petitioner is at liberty to avail remedies, if any,^{inaccordancewithlaw.}

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There shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if^{any,shallalsostand}

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closed.

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Sd/- SHAIK MOHD RAFI ASSISTANT REGISTRAR

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//TRUE COPY//

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To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Secretariat, Velagapudi, Amaravati, Guntur District.

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1. The Superintendent of Police (Rural), Machilipatnam, Krishna District. 3. The Station House Officer, Nandigama Police Station, Krishna District, Andhra Pradesh.

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One CC to Sri Satyanarayana Nimmala, Advocate [OPUC] 5. TwoCCsto GP for Home, High Court of Andhra Pradesh. [OUT] 6. Three C.D. Copies. Cnr gl

0 AP-^

HIGH COURT

DATED: 19/02/2024

ORDER

WP.No.13396 of 2015

5 0 8 MAY 202'» S
i^^SPATCH^^

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DISPOSING OF THE W.P. WITHOUT COSTS

Vangala Venkateswara Sastry, v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

Vangala Venkateswara Sastry, v. The State of Andhra Pradesh

Case brief

What is this about?

What the court decided

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