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2025 DAILYLAW 17738 (AP)

SOMA LAKSHMI DEVI v. UNION OF INDIA

WP/11865/2024 · 2025-08-05

Sumathi Jagadam

body2025

Judgment text

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APHC010242002024 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 11865 OF 2024 Between: Soma Lakshmi Devi, W/o Soma krsihna Murthy aged 68 years,House wife,R/o Door No 5-1307,1st Cross Road,Srinagar Colony road - 1,Dorasanipalli Road,Proddutur Mandalam,YSR District. ...Petitioner AND 1. Union Of India, Rep by its Ministry of Home Affairs,New Delhi 2. Special Public prosecutor, ,National Investigation Agency,Rep by Deputy Superintendent of Police,NiA,Hyderabad 3. TV Rajesh, Deputy superintendent of police,Chief Investigation Officer,National Investigation Agency,Branch Officer,Hyderabad ...Respondents praying that in the Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly in the nature of writ of Mandamus by declaring the action of the respondents in issuing impugned notice dated 10-05-2024 under Sec 91 Cr.p.c to provide documents/material objects in connection with seizure of Rs. 12,50,000/- before pertaining to Rc -01/2021/NIA/HYD B,121,121A,143,144,124A r/w 149 IPC,Sec 10,13 under Sec 120 and 18 of Unlawful <r Activities(prevention)Act,Sec 8(1) and 8(20 of Andhra Security and section 25 of Arms Act on 16-05- Pradesh Public 2024 before the 3rd respondent pending CRLP No 2888/2024 before the High court is illegal, arbitrary, unlawful, unjust, violative of principles of natural justice against to provisions of Criminal procedure code and consequently to set aside the impugned notice dated 10-05-24 issued against the petitioner to appear before the 3rd respondent on 16-05-24 to produced documents of the seizure of cash amount and directing the respondents to return the cash amount of Rs. 12.50 to the petitioner. lA NO: 1 OF 2024 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 pass urgent orders by suspending the impugned notice dated 10-05-2024 under Sec 91 Cr.p.c to provide documents/material objects pertaining to Rc - 01/2021/NIA/HYD under Sec 120 B,121,121A,143,144,124A r/w 149 IPC,Sec 10,13&18 of Unalwful Activities(prevention)Act,Sec 8(1) and 8(20 of andhra Pradesh Public Security and section 25 of Arms Act,to attend and produce the documents relates to seizure of Rs. 12,50,000/- before the 3^^^ respondent on 16-05-2024 pending disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondent No.1: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 & 3: SRI JUPUDI V K YAGNADUTT (CENTRAL GOVERNMENT COUNSEL) The Court made the following order: f APHCai0242002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THESIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 11865/2024 Between: 1.SOMA LAKSHMI DEVI, W/0 SOMA KRSIHNA MURTHY AGED 68 YEARS,HOUSE WIFE,R/0 DOOR NO 5-1307,1 ST CROSS ROAD,SRINAGAR ROAD,PRODDUTUR MANDALAM,YSR DISTRICT,A COLONY ROAD -1 ,DORASANIPALLI ...PETITIONER AND 1. UNION OF INDIA, REP BY ITS MINISTRY OF HOME AFFAIRS,NEW DELHI 2.SPECIAL PUBLIC PROSECUTOR, ,NATIONAL LNVESTIGATION DEPUTY SUPERINTENDENT OF AGENCY,REP POLICE,NIA.HYDERABAD BY DEPUTY SUPERINTENDENT OF POLICE,CHIEF OFFICER,NATIONAL INVESTIGATION 3.TV RAJESH. , INVESTIGATION AGENCY,BRANCH OFFICER,HYDERABAD ...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 to issue writ or order or direction more particularly in the nature of writ of Mandamus by declaring the action of the respondents in issuing inipugned notice dated 10-05-2024 under Sec 91 Cr.p.c to provide documents/material objects in connection with seizure of Rs. 12,50,000/- before pertaining to Rc -01/2021/NiA/HYD under 120 Sec 2 B,121.121A,143,144,124A r/w 149 IPC, Sec 10,13 and 18 of Unlawful Activities(prevention)Act, Sec 8(1) and 8(20 of Andhra Pradesh Public Security and section 25 of Arms Act on 16-05- 2024 before the 3rd respondent pending GRIP No 2888/2024 before the High court is illegal, arbitrary, un awful, unjust, violative of principles of natural justice, against to provisions of Criminal procedure code and consequently to set aside the impugned notice dated 10-05-24 issued against the petitioner to appear before the 3rd respondent on 16-05-24 to produced documents of amount and directing the respondents to return the cash to the petitioner and to pass such the seizure of cash amount of Rs. 12.50 lA NO: 1 OF 2024 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 To pass urgent orders by suspending the impugned notice dated 10-05-2024 under Sec 91 Cr.p.c to provide documents/material objects pertaining to Rc -01/2021/NIA/HYD under Sec 120 B,121,121A,143,1 44,124A r/w 149 IPC, Sec 10,13&18 of Unlawful Activities(prevention)Act, Sec 8(1) and 8(20 of Andhra Pradesh Public Security and section 25 of Arms Act, to attend and produce the documents relates to seizure of Rs. 12,50 000/- before the 3'"'^ respondent on 16-05-2024 pending disposal of the above petition and to pass such writ Counsel for the Petitioner: 1.SRINIVASULU P Counsel for the Respondent(S): 1. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) 2. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following ORDER; Sri D.Praveen Kumar, learned counsel representing learned the petitioner submits that the cause in the Writ Petition does not survive for adjudication and the writ petition has become infructuous. Recording the said submission, the Writ Petition infructuous. No order as to costs. counsel for 2. is dismissed as 3 r As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- NNAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Ministry of Home Affairs, Union Of India, New Delhi 2. Deputy Superintendent of Police, Special Public prosecutor, ,National Investigation Agency, NIA, Hyderabad 3. TV Rajesh, ,Deputy superintendent of police,Chief Investigation Officer, National Investigation Agency, Branch Officer, Hyderabad 4. One CC to Sri. Srinivasulu P, Advocate [OPUC] 5. One CC to Sri. Jupudi V K Yagnadutt (Central Government Counsel) Advocate [OPUC] 6. One CC to Sri.Passla Ponna Rao, Deputy Solicitor General Of India Advocate [OPUC] 7. Two CD Copies. AL ■ 'A HIGH COURT DATED:06/08/2025 ORDER WP NO. 11865 OF 2024 ^21| SEP 2025 cn cjV /:»:/ S^^^s4^rr»ntSectigp;;^^ DISMISSING THE W.P. AS INFRUCTUOUS, WITHOUT COSTS