Petitioner sought mandamus over alleged police inaction in investigating Crime No.90/2011. Police stated the case was referred as civil in nature; the Court held nothing survived and closed the writ petition without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE TWENTY SECOND DAY OF JANUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 24576 OF 2014
Between:
Adapa Latchi Reddy, s/o Nagi Reddy, aged about 57 years,occ;Cultivation r/o Rentachintala village and Mandal Guntur District.
...PETITIONER
AND
/
f
...RESPONDENTS
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, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent No. 3 in investigating into Cr.No. 90/2011 though the said crime is registered on 11-8-2011 as being illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent herein to take appropriate action against the 3rd respondent for dereiliction of his duties.
I.A. NO: 1 OF 2014(WPMP. NO: 30788 OF 20141
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 pass orders directing the respondent No.3 herein to proceed with the investigation into Cr.No.90/2011 and file charge sheet before the concerned Magistrate as expeditiously as possible, pending disposal of the main Writ Petition.
Counsel for the Petitioner(s): Ms. NIRUPAMA REP FOR SMT. KAVITHA GOTTIPATI
Counsel for the Respondents 1 to 3 : GP FOR HOME
Counsel for the Respondents 4 to 8 : NONE APPEARED
The Court made the following: ORDER
\ I
/
/
THE HON’BLE DR. JUSTICE K. MANMADHA RAO
Writ Petition No.24576 of 2014
ORDER:-
This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
".. .to issue the Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondent No.3 in investigating into Cr.No.90/2011 though the said crime in registered on 11.08.2011, as being illegal, arbitrary and unconstitutional and consequently direct the 2"'' respondent hereintotake appropriate action against the 3’^'* respondent fordereliction of his duties....”
- Heard Ms.Nirupama, learned counsel representing Ms.Kavita Gottipati, learned counsel for the petitionerand learned Assistant Government Pleader for Home appearingfor the official respondents.
- On hearing, learned Assistant Government Pleader for Home submitted a copy of Written Instructions issuedby Assistant Sub-Inspector of Police, Rentachintala P.S,Guntur District, dated 20.09.2014, stating that the case inCrime No.90 of 2011 was referred as CIVIL IN NATURE” vide C.NO.246/SDPO-GZL/201, dated 31.08.2011.
- In view of the submissions made by learned Assistant Government Pleader for Home and upon perusing the written
2
instructions issued by respondent police, this Court is of the opinion that, nothing survives in the present Writ Petition for further adjudication.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any.
shall stand closed.
Sd/- M. PADMALATHA assistant registrar
//TRUE COPY//
To,
SECTION OFFICER
CCS to GP for HOME, High Court of Andhra Pradesh. [OUT]
Madhu
gl
HIGH COURT
DATED:22/01/2024
<br>
ORDER
WP.No.24576 of 2014
i Of ANo
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Cr-/?Sll
CLOSING THE WP WITHOUT COSTS
2 provisions across 2 enactments
Adapa Latchi Reddy
The Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department
The Superintendent of Police, Guntur
The Station House Officer, Rentachinthala Police Station
Boddapati Akki Reddy
Boddapati Koti Reddy
K Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
