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2025 DAILYLAW 18652 (AP)

Busireddy Konda Reddy, v. The state of Andhra Pradesh

WP/17034/2020 · 2025-09-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010258362020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17034/2020 Between: 1. BUSIREDDY KONDA REDDY, S/O.LAKSHMI NARASA REDDY, AGED 62 YEARS, BUSINESS, RESIDENT OF D.NO.14-81, NULAKAPETA, TADEPALLI MANDAL, GUNTUR DISTRICT, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF CHHATTISGARH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, CHHATTISGHARH STATE, 3. THE DEPUTY SUPERINTENDENT OF POLICE, AJAK, JAGDALPUR, DISTRICT BASTAR, CHHATTISGARH STATE, 4. THE STATION HOUSE OFFICER, TADEPALLI POLICE STATION, TADEPALLI, 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 to pass a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 3 in issuing Notice under Sec 160 Cr.P.C. to attend before Deputy Superintendent of police, Ajak,Jagadalpur(Dist),Bastar of Chhattisgarh State to take Petitioner statement in Cr.No.179/2019 registered by Nagarnar Police Station is illegal and unlawful and against the mandatory procedure as amended by Act 13 of 2013 w.e.f., 03-02-2013 of the Criminal Procedure Code and against COVOD-19 Notifications/Circulars of Central Government of India and against to the provisions of Disaster Management Act also amounting to violation of due process of law besides being violative of Articles 21 and 22 of Constitution of India and pass Counsel for the Petitioner: 1. SRINIVASULU P Counsel for the Respondent(S): 1. SRINIVASULU P Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, by the Petitioner seeking the following relief: “......to pass a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in issuing Notice under Sec 160 Cr.P.C. to attend before Deputy Superintendent of police, Ajak,Jagadalpur(Dist),Bastar of Chhattisgarh State to take Petitioner statement in Cr.No.179/2019 registered by Nagarnar Police Station is illegal and unlawful and against the mandatory procedure as amended by Act 13 of 2013 w.e.f., 03- 02-2013 of the Criminal Procedure Code and against COVOD-19 Notifications/Circulars of Central Government of India and against to the provisions of Disaster Management Act also amounting to violation of due process of law besides being violative of Articles 21 and 22 of Constitution of India and pass.....” Challenge in this Writ Petition is regarding the notice impugned issued by respondent No.3 seeking presence of the Petitioner for recording his statement as a witness. Learned Assistant Goverment Pleader for Home appearing for respondent State would submit that the Crime is registered by respondent No.3 and the Police in the State of Andhra Pradesh have nothing to do with the said notice and would submit that no further orders are necessary in this Writ Petition and the may be disposed of by passing appropriate orders. In that view, this Writ Petition is disposed of. Petitioner can work out his remedies before appropriate forum according to law if so advised. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 17034 of 2020 04.09.2025 Mjl /*