Writ petition seeking a mandamus directing police to issue notice under Section 41-A Cr.P.C. instead of coercive steps in connection with a bank complaint over non-payment of loan EMIs. Counsel submitted the cause did not survive; the court dismissed the petition as infructuous without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER '"4
??t
i
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 569 OF 2020
Between:
Bommala Ramesh Babu, S/o. (late) Subba Rao, Aged 50 years, Officer D.G.M. Cadre in Steel Plant, 2-10-2, Mindi Steel Plant, Visakhapatnam.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed 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 in the nature of Writ of Mandamus, declaring the action of the Respondent Police particularly 3'^'^ respondent calling the petitioner to attend before Station in all the time continuously even though prima facie commission of
any offence by the petitioner particularly in connection with the complaint of 4‘^ respondent Bank due to non payment of E.M.I., loan amount, even without following the Mandatory Requirements includes by issuance of Notice Under Section 41-A-Cr.P.C. in violation of Law and Principles of Natural Justice by curtailing the Rights as guaranteed under Article 14, 19 21 of the Constitution of India and consequently to direct the 3'^ Respondent police to follow strictly comply the 41-A Cr.P.C.
lA NO: 1 OF 2020
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the Writ petition, the High Court may be pieased to direct the 3 Respondent police Strict Compliance of issuing a Notice under Section 41-A of Cr.P.C. even without taking any Coercive Steps as against the petitioner in connection with the complaint of 4*^" Respondent pending disposal of the Writ Petition in the interest of the justice.
Counsel for the Petitioner.SRI R SIVA SAI SWARUP
Counsel for the Respondent Nos. 1 to 3; GP FOR HOME
The Court made the following: ORDER
[3368]
APHC010007702020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 569/2020
Between:
B Ramesh Babu
...PETITIONER
AND
State of AP
...RESPONDENT
Counsel for the Petitioner:
1.R SIVA SAI SWARUP
Counsel for the Respondent:
The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of
India is filed for the following relief:
■I
‘‘....to issue a writ, order or direction more particularly in nature of Writ of Mandamus, declaring the action of the Respondent Police particularly 3^^ respondent calling the petitioner to attend before Station in all the time continuously even though prime facie commission of any offence by the petitioner particularly in connection with the complaint of 4 th
2
respondent bank due to non payment of E.M.I., loan amount, even without following the mandatory requirements includes by issuance of notice under Section 41-A Cr.P.C in violation of Law and Principles of Natural Justice by curtailing the Rights as guaranteed under Article 14, 19, 21 of the Constitution of India and consequently to direct the respondent police to follow strictly comply the 41A Cr.P.C. and pass...”
- Sri R.Siva Sai Swarup, learned counsel for the petitioner would submit that the cause in the Writ Petition does not survive for further adjudication and the Writ Petition has become infructuous.
- Recording the submission made by learned counsel forthe petitioner, the Writ Petition is dismissed as infructuous. There shall be no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any.
pending in this Writ Petition shall stand closed.
//TRUE COPY//
Sd/- K. LAKSHMI PAVANI ASSISTANT REGISTRAR
SECTION OFFICER
To,
SIVA SAI SWARUP Advocate [OPUC] 1. One CC to SRI R
High Court of Andhra Pradesh. [OUT] 2. Two CCS to GP for Home,
TF
HIGH COURT
DATED: 18/09/2024
ORDER
WP.No.569 of 2020
ANOfi^
g 15 FEB 2025 a
Current Section
DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS
2 provisions across 2 enactments
Bommala Ramesh Babu
The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department
The Superintendent of Police, Visakhapatnam
The Station House Officer, Mindi Police Station, Visakhapatnam
Vijaya Bank represented by its Branch Manager, Visakhapatnam
B V L N Chakravarthi
As recorded by the court registry
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