Disposed

Veerapalli Eswaraiah, v. The state of Andhra Pradesh

Andhra Pradesh HC4 Mar 2024WP/33750/2015

Case brief

AI extract

What is this about?

The Writ Petition challenging the arbitrary and illegal registration of FIR No. 325 of 2015 was disposed of by directing the respondent police officers to serve a referral notice on the petitioner. The Court noted the matter was labeled 'Civil in Nature' but allowed the petitioner to file a protest petition if dissatisfied.

What did the court decide?

Directed respondents to serve referral notice on petitioner; liberty to file protest petition if aggrieved by notice.

Veerapalli Eswaraiah, Vs The… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

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

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TUESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K.MANMADHA RA

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WRIT PETITION NO: 33750 OF 2015

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Between:

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Veerapalli Eswaraiah, S/o Narapu Naidu, aged about 57 years, R/o Kasumuru village, Venkatachalam mandal, SPSR Nellore District.

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Smt. Veerepalli Indira, W/o Eswaraiah, R/o Flat No. 103, D.No.8-5-167/K/6, Sesh Nestle Apartments, Kalian Nagar, Venture-3, Hyderabad^-500018

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...Petitioners

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AND

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The state of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Saifabad, Hyderabad.

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The Superintendent of Police, Nellore District,^Nellore.

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The Station House Officer, V Town Police Station, Nellore Town, Nellore. 4. Sri Pothugunta Subba Rao, Aged about 55 years. Circle Inspector cum Station House Officer, V Town Police Station, Nellore town, Nellore.

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Mr. Jagath Singh, Sub Inspector of Police, VTown Police Station, Nellore town, Nellore.

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Ravulapalli Venkata Ramanaiah, S/o Ramachandraiah, Hindu, Aged about 69 years, R/o D.No.24/308-2A, Military colony, Nellore.

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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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 to 5 in registering the F.I.R No. 325 of 2015 is arbitrary, bad and illegal and violation of Article 14, 21 and 300-A of the Constitution of India and consequently call for the records pertaining to the F.I.R No.325 of 2015 on the file of V town police, Nellore and quash the same, in the interest of justice.

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I.A. NO: 1 OF 2015fWPMP. NO: 43493 OF 20151

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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 stay of all further proceedings including the summoning of the petitioners in F.I.R.No.325 of 2015 in V town P.S Nellore, in the interest of justice.

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I.A. NO: 1 OF 2016fWVMP. NO: 285 OF 2016)

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Between:

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

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The Superintendent of Police, Nellore District, Nellore.

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The Station House Officer, V Town Police Station, Nellore Town, Nellore.

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...Petitioners/Respondents 1 to 3

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Veerapalli Eswaraiah, S/o Narapu Naidu, aged about 57 years, R/o Kasumuru village, Venkatachalam mandal, SPSR Nellore^District.

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Smt. Veerepalli Indira, W/o Eswaraiah, R/o Flat No. 103, D.No.8-5167/K/6, Sesh Nestle Apartments, Kalian Nagar, Venture-3, Hyderabad - 500018

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...Respondents/Writ Petitioners

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Sri Pothugunta Subba Rao, Aged about 55 years. Circle Inspector cum Station House Officer, V Town Police Station, Nellore town, Nellore.

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Mr. Jagath Singh, Sub Inspector of Police, VTown Police Station, Nellore town, Nellore.

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Ravulapalli Venkata Ramanaiah, S/o Ramachandraiah, Hindu, Aged about 69 years, R/o D.No.24/308-2A, Military colony, Nellore.

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...Respondents/Respondents 4 to 6

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(Respondents 4 to 5 herein are not necessary parties in this petition)

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated; 12.10.2015 in WPMP No. 43493/2015 in WP No 33750/2015.

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Counsel for the Petitioners: SRI Y L SIVA KALPANA REDDY

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Counsel for the Respondents: GP FOR HOME

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Counsel for the Respondents: SRI VIKAS JOSHI

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The Court made the following order:

APHC010538S2201S

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

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(3310]

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TUESDAY ,THE FIFTH DAY OF MARCH 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: 33750 OF 2015

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Between:

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VEERAPALLI ESWARAIAH, 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. Y L SIVA KALPANA^REDDY

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Counsel for the Respondents: 15516/GP FOR HOME (AP)

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Counsel for the Respondents: GP FOR HOME (AP)

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Counsel for the Respondents: 14874/VIKAS JOSHI

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The Court made the following:

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ORDER:

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This Writ Petition is filed declaring the action of^{therespondentsNo.3} to 5 in registering the FIR No.325 of 2015, as illegal^{andarbitraryand} consequently call for the records pertaining to the^{FIRNo.325of2015on} the file of V Town Police Station, Nellore.

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Today, when the matter is taken up for hearing, Smt. Y.L. Shivakalpana Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents are present.

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/ /

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On hearing, learned Assistant Government Pleader^{hasfurnisheda}

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If.

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copy of written instructions, dated 05.03.2024, received from the Station House Officer, Vedayapalem Police Station, SPSR Nellore District, and submits that, the alleged accused filed a case before this Court vide WP No.34068 of 2015 and this Court has granted stay of arrest of the petitioner alone in FIR No.325 of 2015 vide WPMP No.43493 of 2015,^asthesuitin O.S.No.134 of 2014 is pending before the 1 Additional District Judge, Nellore and as the civil disputes pending between the petitioner and the respondents. It is further submitted that as per the^{ordersreceivedfromthe} Sub Divisional Police Officer, Nellore town vide C.C No.586/GLSDPON(T)/2019, dated 29.08.2019, the case referred as “Civil in Nature”.

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In view of the above submissions, this Court is of the view that, the respondents are directed to serve the referral notice on the petitioner, if not served. However, if at all the petitioner is having any grievance with regard to the referral notice, the petitioner is at liberty to file protest petition before the competent authority.

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With the above observation, the Writ Petition is disposed of There shall be no order as to costs.

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As a sequel, interlocutory applications, if any pending, shall stand

closed.

/ /

//TRUE COPY//

SEC OFFICER

To,

The Principal Secretary, Home Department, State^{ofAndhraPradesh,} Saifabad, Hyderabad.

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The Superintendent of Police, Nellore District,^Nellore.

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The Station House Officer, Town Police Station, Nellore Town, Nellore. 4. One CC to M/s Y L Siva Kalpana Reddy, Advocate [OPUC] 5. One CC to Sri Vikas Joshi, Advocate [OPUC]

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

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Two CD Copies

RAM

. /

HIGH COURT

DATED:05/03/2024

ORDER

WP.No.33750 of 2015

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DISPOSING OF THE WP WITHOUT COSTS

Veerapalli Eswaraiah, v. The state of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Veerapalli Eswaraiah, v. The state of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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