The High Court, Amaravati, closed a writ petition filed under Article 226 challenging a criminal case as false. After noting the earlier case ended in acquittal, the court held no further adjudication was required and closed the petition without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3310]
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
MONDAY .THE TWENTY SIXTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR 1 o'
o,
PRESENT \ 5^/
THE HONOURABLE DR JUSTICE K MANMADHA RAO 4%^
THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 33370 OF 2015
Between:
Sirigineedi Kesavarao, S/o Satyanarayana Aged about ,50 years, Occ: Business R/o Matysapuri Village of Veeravasaram Mandal West Godavari District. ...PETITIONER
AND
...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.2 and 3 implicating petitioner in false criminal case under Section 498-A, 307 r/w Sec. 34 of IPC and Section 3 and 4 of Dowry Prohibition Act vide Crime No. 130 of 2015 is arbitrary and illegal and against the principles of Natural Justice
4
y
LA. NO: 2 OF 2015(WPMP. NO: 43049 OF 2015)
Petition under Section 151 CPC praying that in thecircumstances , stated in the affidavit filed in support of the petition, the High Court may be pleased issue a direction to the respondent No. 2 notto take any coercive steps including arrest of the petitioner in Crime No.130of2015onthefile of respondent No.2 police station pending disposaloftheWritPetition.
Counsel for the Petitioner: SRI THADIKONDA KOTESHWARA PRASAD
Counsel for the Respondents No.1 and 2: GP FOR HOME (AP)
The Court made the following: Order
4
APHC0I00836820I5
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY ,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 33370 OF 2015
Between: Sirigineedi Kesavarao ...PETITIONER{S)
AND THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL AND OTHERS ...RESPONDENT(S)
Counsel for the Petitioner(s):SRI. THADIKONDA KOTESHWARAPRASAD
Counsel for the Respondents: GP FOR HOME (AP)
The Court made the following:
The present Writ Petition is filed under the Article226oftheConstitution of India for the following relief:
"...to issue a writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of the Respondents No.2 and 3 implicating petitioner in false criminal case under Section 498-A, 307 r/w Sec. 34 of I PC and Section 3 and 4 of Dowry Prohibition Act vide CrimeNo. 130 of 2015 is arbitrary and illegal and against the principles ofNatural Justice and to pass such otherorderor orders..."
- No representation for the petitioner. Heard learnedAssistantGovernment
Pleader for Home for official respondents.
- Learned Assistant Government Pleader for Home submitted a copy of written instructions dated 24.02.2024, received from Sub Inspector of Police,
%
Narsapuram Rural Police Station, West Godavari Districtstatingthatthebasing on the complaint the respondent Police registered acaseinCr.No.130of2015 against the accused for the offences punishable underSections498[A},307r/w 34 IPC and 3 and 4 of DP Act and filed charge sheetbeforethelearnedAssistant Sessions Judge, Narsapuram and the same was taken onfilevideS.C.No.77/2019. The said case was ended in acquittal.
- In view of the submissions made by learned AssistantGovernmentPleader appearing for respondents and upon perusing the written instructions filed by respondent Police, this Court is of the opinion that,nothingsurvivesinthepresent Writ Petition for further adjudication.
- Accordingly, this Writ Petition is closed. There shallbenoorderas to
costs.
As a sequel, miscellaneous applications pending, ifany,shallalso stand
closed.
Sd/- B PRASADA RAO ASSISTANT.REGISTRAR //TRUE COPY// tV SECTION OFFICER
To
RVK
X-,
HIGH COURT
i/’
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DATED:26/02/2024
ORDER
ANO«^
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^ . Current Section
WP.No.33370 of 2015
CLOSING THE WP WITHOUT COSTS
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1 issue framed by the court
Whether the writ petition challenging the quashing of a false criminal case implicating the petitioner under IPC and Dowry Prohibition Act warrants continued adjudication.
1 provisions across 1 enactments
Sirigineedi Kesavarao
The State of Andhra Pradesh rep by its Principal, Secretary, Home Department
The Station House Officer Narasapuram Rural Police Station, West Godavari District
Sirigineedi Maha Lakshmi
K MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
