Maganti Lakshmi Ratna Durga Vani Vs the State of Andhra Pradesh

MAGANTI LAKSHMI RATNA DURGA VANI, W/O ASHOK KUMAR HINDU, AGED ABOUT 46 YEARS, RIO FLAT NO.404 SRI VENKATA SAI RESIDENCY, 2ND ROAD, SANTHI NAGAR ELURU, ELURU DISTRICT

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MAGANTI ASHOK KUMAR, S/O VENKATA JALANDHAR RAO HINDU, AGED ABOUT 56 YEARS, H.NO. FLAT NO. 404 SRI VENKATA SAI RESIDENCY, 2ND ROAD, SANTHINAGAR ELURU, ELURU DISTRICT,

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MAGANTI UPAGYA, D/O MAGANTI ASHOK KUMAR AGED ABOUT 23 YEARS, H.NO. FLAT NO.404, SRI VENKATA SAL RESIDENCY, 2ND ROAD, SANTHINAGAR, ELURU, ELURU DISTRICT.

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MAGANTI VAMSI KRISHNA, S/O MAGANTI ASHOK KUMAR AGED ABOUT 25 YEARS, H.NO. FLAT NO.404, SRI VENKATA SAI RESIDENCY, 2ND ROAD, SANTHINAGAR,ELURU. ELURU DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT A.P 522503

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THE SUPERINTENDENT OF POLICE, LAW AND ORDER ELURU DISTRICT AT ELURU 534001

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THE INSPECTOR OF POLICE, PEDAVEGI CIRCLE. ELURU

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2

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DISTRICT.534001

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THE STATION HOUSE OFFICER, DENDULURU POLICE STATION. ELURU DISTRICT 534001

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

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1.NARESH KUMAR GUNDAPU

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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ORDER:

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The Writ Petition has been filed for the following relief:

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“…to issue a writ order or direction more particularly a writ in the nature of mandamus directing the respondents to examine the petitioners in connection with FIR No.306 of 2023 Dated 7.10.2023 of Denduluru Police Station, Eluru District ( Old West Godavari District) in the presence of an Advocate of their choice and further record the same through audio video electronic means, interms of the Judgment in W.P.No. 9861 of 2025 Dated 17.4.2025, and to pass such…”

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Heard learned counsel for the Petitioner and the learned Assistant Government Pleader.

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Mr. Naresh Kumar Gundapu, the learned counsel for the Petitioner submits that a case in Cr.No.306 of 2023 was registered against some of the petitioners by the respondent No.4. The respondent No.3 had issued a notice contemplated under Section 41-A of the Criminal Procedure Code, 1973 (For brevity “Cr.P.C). The petitioners have replied to the notice stating that the petitioner Nos.1 and 3 are ladies and the petitioner No.2 underwent recent heart surgery and also the name of the petitioner No.4 was not initially mentioned in the First Information Report. The learned counsel for

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3

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the petitioners further submits that petitioners may be granted liberty to approach the police along with their counsel.

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Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the Writ petition may be disposed of with appropriate directions.

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Considering the facts and circumstances of the case and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, directing the respondent Nos.3 and 4 to allow the petitioners along with their counsel. The respondent Nos.3 and 4 are at liberty to proceed in accordance with law for conducting further investigation in respect of Cr.No.306 of 2023. The petitioners shall co-operate with the investigating officer. The Investigating Officer shall complete the investigation and filed appropriate proceedings in according with law before the learned Jurisdictional Magistrate.

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