Petitioner NW Rao filed a writ petition under Article 226 complaining about inaction in investigation regarding an FIR and sought a writ of mandamus. The court permitted the petitioner to withdraw the petition with liberty to file a fresh one subsequently.
Petition dismissed as withdrawn with liberty to file fresh petition.
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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAV OF SEPTEMBE TWO THOUSAND AND JWENTY FOUR
y
PRESENT
THE HONOURABLE SRI JUSTICE bXl N CHAKRAVARTHI
WRIT PETITION NO: 4896 OF 2023
Between:
Nakka Koteshwara Rao, S/o Late Laxmaiah, Aged about 56 years, Occ. Cooli, R/o 3-114, Korrapadu Village, Medikondur Mandal, Guntur District, Andhra Pradesh - 522438.
...Petitioner
AND
■/
/
lO.Kunduru Chinnappa Rayudu, S/o Late K. Babu, Aged about 38 years, Occ. Business, R/o Korrapadu Village, Medikonduru Mandal, Guntur District, Andhra Pradesh -522438.
...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 or direction more particularlyoneinthenatureof Writ of Mandamus by declaring the inaction of the respondentsNo.2863in completing the investigation and filing charge sheet in pursuance of FIR No.35/2022 on the File of the 5th respondents against the respondents No. 6 to 10 for the offences registered u/s 323, 447, 429, 354C r/w 34 IPC 3 (1) (r) 3(2)(va), 3(1)(w)(ii) SC ST POA ACT as illegal, arbitrary, unconstitutional, contrary to the provisions of SC ST POA Act and violative of principles of natural justice besides violative of Article 14 and 21 of the constitution of India and consequently direct the respondents No. 2 to 5 to complete investigation and file charge sheet duly effecting the arrest of the Accused No. 6 to 10 therein
lA NO: 1 OF 2023
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 respondents No. 2 to 5 to complete the investigation, file charge sheet in pursuance of the FIR No.35/2022 on the file of the 5th respondents for the offences registered u/s 323, 447, 429, 354C r/w 34 IPC 3 ( I ) (r) , 3 (2)(va), 3(1)(w)(ii) SC ST POA ACT, pending disposal of the main Writ Petition
Counsel for the Petitioner: SRI RAMESH VODNALA
Counsel for the Respondents No.1 to 5: GP FOR HOME
Counsel for the Respondents No.6 to 10: None
The Court made the following: Order
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APHC010097342023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI &-i<B (Special Original Jurisdiction)
[3368]
THURSDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 4896/2023
Between:
Nakka Koteshwara Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.RAMESH VODNALA
Counsel for the Respondent(S):
1.GP FOR HOME
The Court made the following:
ORDER
This Writ Petition under Article 226 of the Constitution of India is filed for the following relief;
" to issue a Writ or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondents No. 2 & 3 in completing the investigation and filing charge sheet in pursuance of FIR No. 35/2022 on the File of the 5th respondents against the respondents No. 6 to 10 for
2
the offences registered u/s 323, 447, 429, 354C r/w 34 IPC 3(1)(r), 3(2)(va), 3(1)(w)(ii) SC, ST POA ACT as illegal, arbitrary, unconstitutional contrary tothe provisions of SC ST POA Act and violative of principles of natural justice besides violative of Article 14 and 21 of the constitution of India and consequently direct the respondents No. 2 to 5 to complete investigation and file charge sheet duly effecting the arrest of the Accused No. 6 to 10 therein and pass....”
As a sequel thereto, the interlocutory applications, if any. pending in this Writ Petition shall stand closed.
To,
Sd/P VENKATA RAMANA JOINT REGISTF^R //TRUE COPY// SECTION OFFICER
gsg
HIGH COURT
DATED: 19/09/2024
ORDER
WP.No.4896 of 2023
cP
X
o 2 ^ OCT 202^ Co,m
^ Current Section ^
OAT
DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS
1 issue framed by the court
Whether the writ petition under Article 226 can be allowed when the petitioner petitions to withdraw.
Nakka Koteshwara Rao
The State of Andhra Pradesh
B V L N Chakravarthi
As recorded by the court registry
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