Disposed

Battula Nadip Subba Rayudu, v. the Sho., II Town Ps., Nandyal, Kurnool Dist., and Another

Andhra Pradesh HC11 Jan 2024WP/14471/2014

Case brief

AI extract

What is this about?

A writ petition challenging the arbitrary action of police in implicating the petitioner as an accused. The Court directed the police to complete the investigation and file a final report within two months, while directing that the petitioner not be arrested in the meantime.

What did the court decide?

The writ petition was disposed of with a direction to the police to file a final report within two months and a direction that the petitioner shall not be arrested.

Battula Nadip Subba Rayudu, Vs… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

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

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FRIDAY, THE TWELFTH DAY OF JANUARY 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: 14471 OF 2014

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Between:

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Battula Nadipi Subba Rayudu, S/o. Nadipi Naganna, aged 56 years, Occ: Wine Shop Licensee, R/o. Nandyal, Kurnool District.

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...PETITIONER

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AND

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The SHO., II Town Police Station, Nandyal, Kurnool^District

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The Government of Andhra Pradesh, Rep. by its Principal Secretary,

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Home Department, Secretariat, Hyderabad.

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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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of the respondent No.1 in implicating the name of the petitioner as Accused No.2. in Crime No. 117/2014 on the file of the 1st respondent police station as arbitrary, illegal and violation of article 21 of the Constitution of India in the interest of justice.

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I.A. NO: 1 OF 2014rWPMP. NO: 17980 OF 2014)

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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 grant stay of all further proceedings and investigation in Crime No.117/2014 on the file of the 1st respondent police station pending disposal of the writ petition in the interest of justice.

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Counsel for the Petitioner(s): SRI. P NAGENDRA REDDY

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Counsel for the Respondents 1 & 2 : GP FOR HOME

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The Court made the following: ORDER

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\ \

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HON’BLE DR.JUSTICE K.MANMADHA RAO

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Writ Petition No.l4471 of 2014

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ORDER:

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This Writ Petition is filed, under Article 226 of the

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Constitution of India, seeking the following relief:

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“....declaring action of the respondent No.l in implicating the name of the petitioner as Accused No.2ⁱⁿ Crime No.l 17/2014 on the file of the J®' respondent police station as arbitrary, illegal and violation of article 21 of the Constitution of India in the interest ofjustice. ”

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Heard Mr.P.Nagendra Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents.

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On 15.05.2014, while ordering notice before admission.

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this Court granted interim direction that the petitioner^shall not be arrested till the investigation is completed.

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During hearing, learned Assistant Government Pleader for Home has produced the instructions of the 1 St respondent-inspector of Police, Nandyal II Town Police Station. As per the said instructions, so far the investigation is not completed and the present stage of the case^isunder investigation and A2 is yet to be arrested in this^case.

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In view of the above instructions of the learned Assistant Government Pleader for Home, this Court is inclined to dispose of the writ petition by directing the respondent police to investigate the matter and file final report within a period of two (02) months from the^dateof receipt of a copy of this order. In the meantime, police are directed not to arrest the petitioner.

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With the above direction, the Writ Petition is disposed of. No order as to costs.

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As a sequel, interlocutory applications, if any pending,

shall stands closed.

SD/- N. NAGAMMA

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The SHO., II Town Police Station, Nandyal, Kurnool^District

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The Principal Secretary, Home Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi.

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One CC to SRI. P NAGENDRA REDDY Advocate [OPUC]

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

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Three CD Copies

Madhu

MBT

■f

HIGH COURT

DATED:12/01/2024

ORDER

WP.No.14471 of 2014

DISPOSING THE WP WITHOUT COSTS

Battula Nadip Subba Rayudu, v. the Sho., II Town Ps., Nandyal, Kurnool Dist., and Another

Case brief

What is this about?

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Battula Nadip Subba Rayudu, v. the Sho., II Town Ps., Nandyal, Kurnool Dist., and Another

Case brief

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What did the court decide?

What the court decided

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