Dismissed¶36

Ch.G.v.Prasadarao, v. The state of Andhra Pradesh

Andhra Pradesh HC24 Jul 2025WP/560/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petition; certiorari sought against remarks by Special Judge (SC & ST (POA) Act) in SC No.1/2021 arising from Cr. No.979/2020; petitioner DSP and Investigating Officer, Eluru PTC; challenge to judicial remarks as violative of Articles 14, 16, 21 and natural justice; interim stay sought of departmental Articles of Charge C.No.16/Minor-PR/2024 dated 11.06.2024; dismissed as withdrawn with liberty to approach appropriate forum; no costs; no merits adjudicated; no precedents cited.

What did the court decide?

Writ Petition dismissed as withdrawn with liberty to the petitioner to recourse his remedy before the appropriate forum; no order as to costs; pending miscellaneous petitions, if any, stand closed. ¶36

Ch.G.v.Prasadarao, Vs The state of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petition dismissed as withdrawn with liberty to the petitioner to recourse his remedy before the appropriate forum; no order as to costs; pending miscellaneous petitions, if any, stand closed.

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Issue for consideration

Whether the remarks recorded by the Special Judge in SC. No 1 of 2021 in Cr. No 979 of 2020 (Remark No.(1) at page 5, Para 12 and Remark No.(2) at page 6, Para 13) are illegal, arbitrary and violative of principles of natural justice and Articles 14, 16 and 21 of the Constitution, and therefore liable to be expunged/deleted. (Raised in the prayer; not adjudicated as the petition was withdrawn.) +1 more

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Ratio / Principle

On the submission of learned counsel for the petitioner, instructed by the party, that they wished to withdraw the writ petition, the Court dismissed the Writ Petition as withdrawn.

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Key takeaways

The petitioner was granted liberty to recourse his remedy before the appropriate forum, and there shall be no order as to costs.ratio¶36
As a sequel, miscellaneous petitions pending, if any, were directed to stand closed.ratio¶38

Detailed headnote1 paragraphs

Writ Petition (Article 226) filed by a serving DSP (Investigating Officer in SC. No 1 of 2021 in Cr. No 979 of 2020) seeking a writ of certiorari to expunge/delete remarks recorded by the II Additional District and Sessions Judge, Srikakulam (FAC), Special Judge under the SC and ST (POA) Act, 1989 (Remark No.(1) at page 5, Para 12; Remark No.(2) at page 6, Para 13), alleging illegality, arbitrariness and violation of natural justice and Articles 14, 16 and 21, together with an interim stay (IA No.1 of 2025 under Section 151 CPC) of departmental proceedings pursuant to Articles of Charge C.No.16/Minor-PR/2024 dated 11.06.2024. Before adjudication, learned counsel for the petitioner submitted instructions to withdraw the petition; the Court dismissed the Writ Petition as withdrawn, granted liberty to pursue remedies before the appropriate forum, made no order as to costs, and closed pending miscellaneous petitions. No issue on the merits was decided. (High Court of Andhra Pradesh at Amaravati, Dr. Justice Venkata Jyothirmai Pratapa, 25.07.2025)

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[3396]

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APHC010008382025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 560/2025

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Between:

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CH.G.V.PRASADARAO,, S/O LATE CH. KUMAR, OCC- DSP, ELURU PTC, AGE 56 YEARS, R/O, ELURU, ELURU DISTRICT. (ERSTWHILE WEST GODAVRI DISTRICT) (INVESTIGATING OFFICER IN SC. NO 1 OF 2021 IN CR.NO979 OF 2020)

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY LAW AND JUDICIAL DEPARTMENT, SECRETARIAT BUILDINGS, MANDHADAM,TULLURU MANDAL, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT BUILDINGS, MANDHADAM,TULLURU MANDAL, GUNTUR DISTRICT.

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THE DEPUTY INSPECTOR OF POLICE, VISAKHAPATNAM RANGE, VISAKHAPATNAM.

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...RESPONDENT(S):

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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 tomay be pleased to issue an appropriate writ. Order, or Orders, direction one in the nature of Writ of Certiorari calling for entire records on the file of Honorable II Additional District and Sessions Judge, Srikakulam (FAC) Special Judge for trail of cases under SC and ST (POA) Act, 1989 cum- IV Additional District and Sessions Judge, Srikakulam sc. No 1 of 2021 in Cr. No

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979 of 2020 for declaring to expunge, delete the remarks vide No.(1) in page No.5, Para No.12 and Remark No (2) In Page No 6 at Para no 13 are being remain to continue as illegal, arbitrary, in violation of principles of natural justice besides in violation of Articles 14, 16 and 21 of the Constitution of India by set aside the same and consequently direct the 3 rd Respondent to stay of all further proceedings vide Articles of charge vide C.No.16/MinorPR/2024 dated 11.06.2024 pending finalization of Main Writ Petition and to pass

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IA NO: 1 OF 2025

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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 may be pleased dircting the respondent No 3 to stay of all further proceedings Articles of charge vide C.No.16/Minor-PR/2024 dated 11.06.2024 pending finalization of Main Writ Petition and to pass

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Counsel for the Petitioner:

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1.YASASWI LAW ASSOCIATES LLP

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR LAW LEGISLATIVE AFFAIRS

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The Court made the following

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer:

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“….. to issue an appropriate writ. Order, or Orders, direction one in the nature of Writ of Certiorari calling for entire records on the file of Honorable II Additional District and Sessions Judge, Srikakulam (FAC) Special Judge for trail of cases under SC and ST (POA) Act, 1989 cum- IV Additional District and Sessions Judge, Srikakulam sc. No 1 of 2021 in Cr. No 979 of 2020 for declaring to expunge, delete the remarks vide No.(1) in page No.5, Para No.12 and Remark No (2) In Page No 6 at Para no 13 are being remain to continue as illegal, arbitrary, in violation of principles of natural justice besides in violation of Articles 14, 16 and 21 of the Constitution of India by set aside the same and consequently direct the 3 rd Respondent to stay of all further proceedings vide Articles of charge vide C.No.16/Minor-PR/2024 dated 11.06.2024 pending finalization of Main Writ Petition and to pass ……”

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Sri Yasaswi Law Associates, learned counsel for the petitioner would

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submit that as per the instructions from the party, they wanted to withdraw this

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Writ Petition.

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Learned counsel for the respondents is in attendance.

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Recording the submission made, the Writ Petition is dismissed as withdrawn. However, the petitioner is at liberty to recourse his remedy before the appropriate forum. There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand

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closed.

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Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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Date: 25.07.2025 MH

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