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2025 DAILYLAW 18421 (AP)

Ravi Sudhakar v. The State of Andhra Pradesh

WP/16783/2020 · 2025-09-14

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010255072020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Ravi Sudhakar,, S/O. Late Ramaiah, aged 70 Years, R/O D No. 33 Near Sanjeev Nagar, National High Way, Chilakaluripet, Guntur District, Andhra Pradesh. 2. Ravi Samrajyam, , W/O Sudhakar, aged 67 Years, R/O D No. 33 Near Sanjeev Nagar, National High Way, Chilakaluripet, Guntur District, Andhra Pradesh. 1. The State of Andhra Pradesh, , Represented by its Principle Secretary, (Home Department), Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalgiri, Guntur district, Andhra Pradesh. 3. The Superintendent of Police, Guntur District, at Guntur, Guntur District, Andhra Pradesh. 4. The Station House Officer, Chilakaluripeta Town Police Station, Chilakaluripeta, Guntur District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16783 OF 2020 1. Ravi Sudhakar,, S/O. Late Ramaiah, aged 70 Years, R/O D No. 33 Near Sanjeev Nagar, National High Way, Chilakaluripet, Guntur District, 2. Ravi Samrajyam, , W/O Sudhakar, aged 67 Years, R/O D No. 33 Near Sanjeev Nagar, National High Way, Chilakaluripet, Guntur District, ...Petitioners AND 1. The State of Andhra Pradesh, , Represented by its Principle Secretary, (Home Department), Secretariat Buildings at Velagapudi, Guntur District, 2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Mangalgiri, Guntur district, Andhra Pradesh. 3. The Superintendent of Police, Guntur District, at Guntur, Guntur District, se Officer, Chilakaluripeta Town Police Station, Chilakaluripeta, Guntur District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Ravi Sudhakar,, S/O. Late Ramaiah, aged 70 Years, R/O D No. 33-620-3, Near Sanjeev Nagar, National High Way, Chilakaluripet, Guntur District, 2. Ravi Samrajyam, , W/O Sudhakar, aged 67 Years, R/O D No. 33-620-3, Near Sanjeev Nagar, National High Way, Chilakaluripet, Guntur District, ...Petitioners 1. The State of Andhra Pradesh, , Represented by its Principle Secretary, (Home Department), Secretariat Buildings at Velagapudi, Guntur District, 2. The Director General of Police, State of Andhra Pradesh, Police Head 3. The Superintendent of Police, Guntur District, at Guntur, Guntur District, se Officer, Chilakaluripeta Town Police Station, 5. Tiragabathina Anjaneyulu, S/O. Venkata Subaiah, aged 33 Years, R/0 Flat No. 506, Block No. 7, Royal green City Apartments, Penamalur Mandal, Vijayawada city, Krishna District, Andhra Pradesh. The State of Andhra Pradesh, , Represented by its Principle Secretary, (Home Department), Secretariat Buildings at Velagapudi, Guntur District, 2. The Director General of Police, State of Andhra Pradesh, Police Head 3. The Superintendent of Police, Guntur District, at Guntur, Guntur District, se Officer, Chilakaluripeta Town Police Station, 5. Tiragabathina Anjaneyulu, S/O. Venkata Subaiah, aged 33 Years, R/0 Flat No. 506, Block No. 7, Royal green City Apartments, Penamalur Mandal, Vijayawada city, Krishna District, Andhra Pradesh. ...Respondents 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 pleased to issue a Writ or Order or Orders more particularly one in the nature of writ of Mandamus declaring the action of the respondent no.4 herein in not following Section 41-A of CRPC as well as the Verdict of the Apex Court (Arnesh Kumar Vs State of Bihar) while investigating the matter in FIR No. 269 of 2020 Dated 08.09.2020 on the file of the SHO PS Chilakaluripet, Guntur District, Andhra Pradesh, as illegal, arbitrary and also contemptuous in nature consequentially direct the respondent no.3 herein to scrupulously follow Section 41-A CRPC and the guidelines issued by the Apex Court (Arnesh Kumar Vs State of Bihar) while investigating the matter in FIR No. 269 of 2020 Dated 08.09.2020 on the file of the SHO PS Chilakaluripet, Guntur District, Andhra Pradesh and to pass IA NO: 1 OF 2020 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 direct the respondent no.3 herein to scrupulously follow Section 41-A CRPC and the guidelines issued by the Apex Court (Arnesh Kumar Vs State of Bihar) while investigating the matter in FIR No. 269 of 2020 Dated:08.09.2020 on the file of the SHO PS Chilakaluripet, Guntur District, Andhra Pradesh and to pass Counsel for the Petitioners: V SAI KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16783 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ or Order or Orders more particularly one in the nature of writ of Mandamus declaring the action of the respondent no.4 herein in not following Section 41-A of CRPC as well as the Verdict of the Apex Court (Arnesh Kumar Vs State of Bihar) while investigating the matter in FIR No. 269 of 2020 Dated 08.09.2020 on the file of the SHO PS Chilakaluripet, Guntur District, Andhra Pradesh, as illegal, arbitrary and also contemptuous in nature consequentially direct the respondent no.3 herein to scrupulously follow Section 41-A CRPC and the guidelines issued by the Apex Court (Arnesh Kumar Vs State of Bihar) while investigating the matter in FIR No. 269 of 2020 Dated 08.09.2020 on the file of the SHO PS Chilakaluripet, Guntur District, Andhra Pradesh and to pass.” 2. When the matter was taken up for hearing, learned counsel for the petitioner would submit that the petition may be disposed of, since the relief has become infructuous in this matter. 3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents is in attendance. 4. Recording the same, the Writ petition is dismissed as infructuous. 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: 15.09.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:16783 OF 2020 Date: 15.09.2025 KKV