Extracted from the PDF above. The PDF is authoritative.
APHC010210562021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12136/2021 Between:
1. MANI AKKINENI, AGED ABOUT 74 YEARS, W/O SUDARSANA RAO AKKINENI, OCC. DOCTOR, RIO H.NO 59-8-2/1, FLAT NO-105, TRENDSET HARMONY APARTMENTS,
GAYATRI NAGAR, VIJAYAWADA (URBAN), KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, , STATE OF ANDHRA PRADESH, MANGALAGIRI, AMARAVATI, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT. 4. STATION HOUSE OFFICER, MANGALAGIRI (RURAL) P.S, GUNTUR DISTRICT, ANDHRA PRADESH.
...RESPONDENT(S): 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 toto issue an appropriate writ or order or direction more particularly in the nature of -Writ of Mandamus questioning the action of the Respondents, more particularly the 4th Respondent herein in illegally arresting and detaining Sri.Uppalapu Srinivasa Rao S/o U. Venkateswara Rao from the office premises of NRI General Hospital, Chinakakani, Mangalagiri, Guntur District
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by foisting a false case in FIR.No.346 of 2021 dated 19.06.2021 without following the due process of law and in violation of the order of this Hon'ble Court in Suo Moto Writ Petition No. 10151 of 2021 dated 17.05.2021, and in registering the FIR.No.346 of 2021 dated 19.06.2021 by the 4th Respondent Police Station as being illegal, arbitrary, and in violation of Article 21 and 22 of the Constitution of India and provisions of the Code of Criminal Procedure, 1974 and consequently Quash the FIR.No.346 of 2021 dated 19.06.2021 on the file of the 4th Respondent Police Station and consequently declare the action of the 4th Respondent Police on 23.06.2021 in taking away from Sri.Uppalapu Srinivasa Rao S/o U. Venkateswara Rao from their custody and pass IA NO: 1 OF 2021 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 4' Respondent to forthwith release Sri Uppalapu Srinivasa Rao S/o U. Venkateswara Rao from their illegal custody, pending disposal of the above Writ Petition and pass IA NO: 2 OF 2021 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 permit the petitioner to implead " Gaddtpati Srinivasarao, S/o. Kutumbarao, aged about 43 years, R/o.D.No.5-121, Chinakakani Village, Mangalagiri Mandal, Guntur District " as Respondent No.5 in W.P.No.12136 of 2021 and pass such Counsel for the Petitioner:
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KALEPU YASHWANTH Counsel for the Respondent(S):
1. GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12136 OF 2021 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue an appropriate writ or order or direction more particularly in the nature of “Writ of Mandamus” questioning the action of the Respondents, more particularly the 4th Respondent herein in illegally arresting and detaining Sri Uppalapu Srinivasa Rao S/o U.Venkateswara Rao from the office premises of NRI General Hospital, Chinakakani, Mangalagiri, Guntur District by foisting a false case in FIR.No.346 of 2021 dated 19.06.2021 without following the due process of law and in violation of the order of this Hon’ble Court in Suo Moto Writ Petition No.10151 of 2021 dated 17.05.2021 and in registering the FIR.No.346 of 2021 dated 19.06.2021 by the 4th Respondent Police Station as being illegal, arbitrary and in violation of Article 21 and 22 of the Constitution of India and provisions of the Code of Criminal Procedure, 1974 and consequently Quash the FIR No.346 of 2021 dated 19.06.2021 on the file of the 4th Respondent Police Station and consequently declare the action of the 4th Respondent Police on 23.06.2021 in taking away from Sri Uppalapu Srinivasa Rao S/o U.Venkateswara Rao from their custody and to pass…”
2. This petition is filed seeking a direction to respondent Nos.4 in illegally arresting and detaining Sri Uppalapu Srinivasa Rao S/o U.Venkateswara Rao from the office premises of NRI General Hospital, Chinakakani, Mangalagiri, Guntur District by foisting a false case in FIR.No.346 of 2021 dated 19.06.2021, without following the due process of law. 3. There is no representation for the petitioner. 4. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on instructions, would submit that investigation in this matter is pending. 4
5. Considering the submissions, the Writ Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law within a period of two (02) months from the date of receipt of the copy of this order, if not already filed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025 SNI
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729 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.12136 of 2021
Dt.
06.10.2025
SNI