A writ petition under Article 226 seeking to compel the police to issue a notice under Section 41-A Cr.P.C. in connection with FIR No. 148/2017 was dismissed as infructuous. The police had already completed the investigation and filed the charge sheet.
No relief granted; the petition was dismissed as infructuous.
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.
IN THE HIGH COURT OF ANDHRA PRADESH:; AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 8199 OF 2018
Between;
M. Ratna Kumar, S/o. Verriyya, Aged 40 years, Occ:Correspondent of CBM Women Jr. College, RJo 23-1-75/1, Nageswara Rao Street, CBM Compound Kakinada, East Godavari District, Andhra Pradesh.
...PETITIONER
AND
Kakinada, East Godavari District.
...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 3'^' Respondent in not issuance of notice of appearance before Police as provided under Sec.41-A Cr.P.C., in connection with FIR No.148/2017,dt. 23-09-2017 on the file of III Town Police Station Kakinada is bad, arbitrary, unconstitutional, clear violation of Article 14 and 21 of Constitution of India and consequently to direct the 3rd Respondent to issue Notice to the Petitioner to appear before the Police under Sec.41-A Cr.P.C., in connection with FIR No.148/2017, dt. 23-09-2017 on the file of III Town Police Station, Kakinada, the interest of justice.
lA NO: 1 OF 2018
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 respondent to issue notice to the Petitioner to appear before the police under Sec.41-A Cr.P.C in connection with FIR No. 148/2017, dated 23.09.2017 on the file of the III Town Police Station, Kakinada, the interest of justice pending disposal of the main writ petition.
Counsel for the Petitioner: SRI INAPURAPU SURYANARAYANA
Counsel for the Respondents: GP FOR HOME (AP)
The Court made the following: Order
APHC010185652018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3368]
THURSDAY ,THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 8199/2018
Between:
M. Ratna Kumar,
...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.INAPURAPU SURYANARAYANA
Counsel for the Respondent(S): 1.GP FOR HOME(AP)
The Court made the following order:
This Writ Petition under Article 227 of the Constitution of
India is filed for the following relief;
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not issuance of notice of appearance before Police as provided under Sec 41A Cr P C in connection with FIR No 148/2017 dt 23092017 on the file of III Town Police Station Kakinada is bad arbitrary unconstitutional clear violation of Article 14 and 21 of Constitution of India and consequently to direct the 3rd Respondent
2
to issue Notice to the Petitioner to appear beforethe Police under Sec 41A Cr P C in connection with FIR No 148/2017 dt 23092017 on the file of III Town Police Station Kakinada the interest of justice andto pass such...”
- None appeared for the petitioner, though the matter is posted under the caption “for dismissal”. There was no representation for the petitioner today, as well as on the previous adjournment. 3. Learned Assistant Government Pleader for Home appearing for the State on written instructions wouldsubmitthat the police have completed the investigation and laid the charge sheet vide C.C.No.1479 of 2018 on the file of learned IV Additional Judicial First Class Magistrate, Kakinada.
As a sequel thereto, the miscellaneous petitions, if any. pending in this Writ Petition shall stand closed.
To,
Sd/- V SATYANARAYANA //TRUE COPY// l^-n^lSTRAR ' SECTION OFFICER
- One CC to SRI INAPURAPU SURYANARAYANA Advocate [OPUC]
- Two CCS to GP FOR HOME (AP), High Court of Andhra Pradesh [OUT]
- Three CD Copies
VSR
HIGH COURT
DATED;05/09/2024
ORDER
WP.No.8199 of 2018
X 2 <1 FEB 2025 |
^ . Current Section
^S«esPATCW©^'
DISMISSING THE WP WITHOUT ANY COST
M. Ratna Kumar
The State of Andhra Pradesh
The Superintendent of Police, East Godavari District
B V L N CHAKRAVARTHI
As recorded by the court registry
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