Disposed

Koneru Nagendra Prasad, v. Prl.Secy., Home Dept., Hyd., and 2 Others

Andhra Pradesh HC15 Feb 2024WP/8261/2015

Case brief

AI extract

What is this about?

The High Court closed a writ petition seeking quashing of an FIR and stay of proceedings, noting no interim stay existed. The Court directed the Magistrate to dispose of the matter within three months.

What did the court decide?

The writ petition is closed; the Judicial First Class Magistrate, Yemmiganur directed to dispose the matter within three months.

Koneru Nagendra Prasad, Vs Prl.Secy., Home Dept… — Quashing and FIR | Andhra Pradesh HC (2024)

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I..

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 8261 OF 2015

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Between:

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Koneru Nagendra Prasad, S/o. Koneru Raja Rao, Aged: 49 years, Occ: Agriculture, R/o. H.No.1/1342,. HBS Colony, Yemmiganur Town, Kurnool District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep its Principle Secretary, Home Department, Secretariat Building, Hyderabad.

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The Station House Officer, Yemmiganur Town, Yemmiganur,^Kurnool District.

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B-Jaya Nagesara Reddy, B.V.Mohan Reddy, Aged about: 39 years. Occ:MLA, R/o.H.No.1-1293, HBS Colony, Yemmiganur, Kurnool District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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" by declaring the action of the Respondent No.2 in registering the F.I.R No.41.2015 of PS Yemmiganur as arbitrary, illegal, unlawful, without jurisdiction^{andinviolationofArticles14,} 19 and 21 of the Constitution of India though the allegations^{intheF.I.Rs.do}

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not disclose commission of any offence and to consequently^quashthesaid ^ F.I.R. 41/2015 of PS Yemmiganur Town.

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■A. NO: 1 OF 2015(WPMP. NO: 10877 OF 2015)

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Petition under Section 151 CPC praying that in the^{circumstances}

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stated in the affidavit filed in support of the petition,^{theHighCourtmaybe} pleased to stay all further proceedings ih pursuance^{totheFIR.41/2015of} PS Yemmiganur Town pending disposal of the writ petition.

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Counsel for the Petitioner: SRI. A BHUVAN SUNDER REDDY Counsel for the Respondent Nos. 1 to 2: GP FOR HOME^(AP)

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Counsel for the Respondent No. 3:

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The Court made the following: ORDER

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APHC0I00120120I5

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

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[3310]

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FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY 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: 8261 OF 2015

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Between:

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KQNERU NAGENDRA PRASAD,, $/o.Koneru Raja Rao, Aged : 49 years, Occ.:Agriculture, R/o.H.No.1/1342, 11135 Colony, YemmiganurTown.^Kurnool District;

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...PETITIONER(S)

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AND

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PRL SECY HOME DEPT HYD 2 OTHERS, Rep its Principle^{Seerclary,Home} Department, Secretariat Building, Hyderabad.

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The Station House Officer, Yemmiggnur Town, Y^mmiganur,^{KurnoolDistrict.}

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3 B Jaya Nagesara Reddy, B.V.Mohan Reddy, Aged about:^39years. Oce.;MLA/o.H.No.1-1293, HBS, Colony, emmigariur, Kurnool^District. Respondents

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybepleased} toto issue a writ, order or direction, more particularly^{oneinthenatureof"Writof} Mandamus" by declaring the action of. the Respondent^No.2 in registering the F.l.R No.41.2015 of PS Yemmiganur as arbitrary, illegal, unlawful, without jurisdiction and in violation of Articles 14, 19 and^{21oftheConstitutionofIndia} though the allegations in the F.I.Rs. do not disclose^{commissionofanyoffence} and to consequently quash the said F.l.R. 41/2015 of^{PSYemmiganurTownand} pass

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I.A. NO: 1 OF 2015(WPMP. NO: 10877 OF 2015)

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Petition under Section 151 CPC praying that in the^{circumstancesstatedin} the affidavit filed in support of the petition, the^{HighCourtmaybepleasedtostay} - FIR 41/2015 of PS Yemmiganur Town all further proceedings in p pending disposal of the wr

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X,X

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Counsel for the Petitioner(s):SRI. A BHUVAN SUNDER^REDDY

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Counsel for the Respondents: GP FOR HOME (AP) The Court made the following Order:

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This writ petition is filed declaring the action of^{the2ndrespondent} in registering the FlR.No.41 of 2015 of Yemmiganur^{PoliceStation,as} illegal and arbitrary.

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None appeared for the petitioner. Heard learned Assistant Government Pleader for Home appearing for the official^respondents.

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On hearing, learned Assistant Government Pleader for Home furnished a copy of Written Instructions issued by Station House Officer, Yemmiganur Town PS, Kurnool District, dated 09.02.2024 stating that, the respondent police had investigated^{thematterandfiled} Charge Sheet. After completion of investigation, the^{casewascharged} on 28.08.2015 and it is P.T. vide CC.No.426 of 2016^onthe file of Judicial First Class Magistrate, Yemmiganur And the case stands posted to 12.02.2024 for stay orders which were forced^inWP.No.8261 of 2015 of this Court and it is pending since from^about8years.

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Upon perusal of the material On record, the docket^proceedings goes to show that there was no stay granted by this^{Courtatanypoint} of time in this writ petition.

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^ 4

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With the above observations, this Writ Petition is closed, directing the Judicial First Class Magistrate, Yemmiganur to dispose the matter within a period of three (03) months from the date of receipt of a copy of this order.

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There shall be no order as to costs.

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, As a sequel, miscellaneous applications pending, if any, shall stand-closed.

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//TRUE COPY//

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Sd/- Nl. SRJNIVAS assistant registrar

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OFFICER

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To,

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One CC to Sri. A. Bhuvan Sunder Reddy, Advocate [OPUC] 2. Two CCs to GP for Home (AP), High Court of Andhra^{Pradesh.[OUT]}

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Three CD Copies

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HIGH COURT DATED:16/02/2024

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H3: 2 9 JUL 202^ m
^ CurrenI
ir

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ORDER

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WP.No.8261 of 2015

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CLOSING THE WRIT PETITION WITHOUT COSTS

Koneru Nagendra Prasad, v. Prl.Secy., Home Dept., Hyd., and 2 Others

Case brief

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Koneru Nagendra Prasad, v. Prl.Secy., Home Dept., Hyd., and 2 Others

Case brief

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