Gandla Chinna Pullaiah, v. Prl. Secy., Home Dept. and 5 Ors.

Andhra Pradesh HC2 May 2024WP/24486/2017

Case brief

AI extract

What is this about?

The petitioner sought mandamus to compel the police to complete the investigation and file a charge sheet in FIR No. 26 of 2016. During the pendency of the petition, the police submitted that the investigation was complete and the charge sheet had already been filed. Consequently, the Court held that nothing survived for adjudication and closed the petition.

What the court decided

AI extract

Gandla Chinna Pullaiah, Vs Prl. Secy., Home… — Writ and Judicial Review | Andhra Pradesh HC (2024)

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✓

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

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FRIDAY, THE THIRD DAY OF MAY 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: 24486 OF 2017

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Between:

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GandIa Chinna Pullaiah, S/o. G. Sudam Banker, Aged: Major, Occ: Assistant Professor, R/o D. No. 25/419-2E-9-1, Saleem Nagar, Nandyal, Kurnool, Andhra Pradesh

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...PETITIONER

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AND

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The State of Andhra Pradesh, Home Department, Secretariat Building Velagapudi, Amaravathi, Guntur District.

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The Superintendent of Police, Kurnool, Kurnool District.

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The Deputy Superintendent of Police, Nandyal Sub-Division, Kurnool District.

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The Station House Officer, Nandyal II Town Police Station,^Kurnool District.

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G. Sirisha, W/o C. Pullaiah, Age: 32 Years, Occ: Home Maker, H.No.281143-C-1212191, R/o Sadiq Nagar, Nune Palli,. Nandyal.^Kurnool District.

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G. Venkateswarlu, S/o not known, Age: Major, Occ; Inspector of Police Nandyal II Town Police Station, Kurnool District.

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f ... %

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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 one nature of writ of mandamus declaring the action of the official respondents in not proceeding with investigation and filing charge^{sheetinFIRNo.26of} 2016 on the file of the Nandyal II Town Police Station,^{KurnoolDistrictas} illegal, arbitrary, unconstitutional and contrary to the provisions of criminal procedure code, 1973 and consequently direct the official respondents to complete the investigation and file charge sheet in^{FIRNo.26of2016on} the file of the Nandyal II Town Police Station, Kurnool^District.

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I.A. NO: 1 OF 2017(WPMP. NO: 30330 OF 2017)

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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 direct the official respondents to forthwith.^direct the official respondents to complete the investigation and file charge sheet in FIR No. 26. of 2016 on the file of the Nandyal II Town Police Station, Kurnool District and file a status report before this Hon'ble^Court

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Counsel for the Petitioner :SRI. PONAVOLU SUDHAKARA REDDY

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Counsel for the Respondent No. 1 to 4: GP FOR HOME (AP)

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Counsel for the Respondent No. 5 & 6; NONE APPEARED

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The Court made the following ORDER:

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• APHC010029182017

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IN THE HIGH COURT OF ANDHRA PRADESH [3310] AT AMARAVATI (Special Original Jurisdiction)

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FRIDAY ,THE THIRD DAY OF MAY TWO THOUSAND AND TWENTY FOUR PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 24486/2017 Between:

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Gandia Chinna Pullaiah ...PETITIONER

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AND PrI Secy Home Dept 5 Ors and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PONAVOLU SUDHAKARA REDDY Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following:

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This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

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to issue a writ order or direction more particularly one in one nature of writ of mandamus declaring the^actionof the official respondents in not proceeding with investigation and filing charge sheet in FIR No 26 of 2016 on the^fileofthe Nandyal II Town Police Station Kurnool District as illegal arbitrary unconstitutional and contrary to the provisions of criminal procedure code 1973 and consequently direct the official respondents to complete the investigation and file charge sheet in FIR No 26 of 2016 on the file of the Nandyal II Town Police Station Kurnool District....”

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None appeared for the petitioner. Learned Assistant Government Pleader for Home appearing for the official respondents is present and furnished a copy of Written Instructions issued by Inspector of Police, li Town^{PoliceStation} Nandyal.

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On hearing, learned Assistant Government Pleader for Home on instructions submitted that during pendency^ofthewrit

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petition, police have investigated the matter and filed charge sheet and the same is numbered as S.C.No.107 of 2022 before 2"^ Additional Senior Civil Judge, Nandyal.

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In view of the submissions made by learned Assistant Government Pleader for Home and upon perusing the written

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instructions, this Court is of the opinion that, nothing^survives in the present Writ Petition for any further adjudication. 5. Accordingly, the Writ Petition is closed. There shall^beno

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order as to costs.

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As a sequel, miscellaneous applications pending, if any

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shall stand closed.

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//TRUE COPY//

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SDI- K.J. RAJA BABLI ASSISTANT REGISTRAR

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SECTlONf OFFICER

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To,

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One CC to SRI. PONAVOLU SUDHAKARA REDDY, Advocate [OPUC]

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

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Three CD Copies

PRK

HIGH COURT

DATED:03/05/2024

ORDER

WP.No.24486 of 2017

CLOSING THE WP, WITHOUT COSTS

Gandla Chinna Pullaiah, v. Prl. Secy., Home Dept. and 5 Ors.

Case brief

What is this about?

What the court decided

Gandla Chinna Pullaiah, v. Prl. Secy., Home Dept. and 5 Ors.

Case brief

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What the court decided

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