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APHC010264142019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]
WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 11887/2019
Between:
1. YANAMALA KRISHNUDU, S/O CHINNA SOMANNA, AGED ABOUT 65 YEARS, R/O 1-47, BLOCK-1, RAMALAYAM, A.V.
NAGARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533 449. 2. POLANTI SESHAGIRI RAO, S/O VENKATA RAO, R/O 5-33/3, NEAR RAMALAYAM, THIMMAPURAM, TUNI MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533 406. 3. INUGANTI SATYANARAYANA,, S/O SURYANARAYANA, R/O 6-8-09, GAVARA PETA, WARD NO.24, TUNI. EAST GODAVARI DISTRICT, ANDHRA PRADESH- 533 401. ...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA. 4. THE STATION HOUSE OFFICER, TUNI TOWN POLICE STATION, TUNI, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S):
2 Counsel for the Petitioner(S):
1. RAM BABU DEVAVARAPU Counsel for the Respondent(S):
1. GP FOR HOME (AP) The Court made the following:
3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI
WRIT PETITION NO.11887 OF 2019
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:
“….to issue a writ, order or direction preferably a writ in the nature of Mandamus declaring the action of the 4th Respondent in trying to arrest the petitioners without following the procedure prescribed in Section 41A Cr.P.C. is illegal, arbitrary, malafide, abuse of power and contrary to the directions issued by the Hon'ble Supreme Court of India in Arnesh Kumar case and consequently direct the 4th Respondent to comply with the procedure prescribed in Section 41A Cr.P.C. while conducting investigation in FIR No.110/2019 u/s 143, 447, 427 rlw 149 IPC, Section 3 and 4 of Prevention of Damage to Public Property Act 1984, dated 16.8.2019 of Tuni Town Police Station, East Godavari District and pass…”
2. Sri Lovaraju Uppalapati, learned counsel representing Sri Rambabu Devarapu, learned counsel for the petitioners would submit that the cause in the Writ Petition does not survive for further adjudication and the Writ Petition has become infructuous. 3. Learned Additional Government Pleader for Home is in attendance. 4
4. Recording the submissions made by learned counsel for the petitioners, the Writ Petition is dismissed as infructuous. There shall be no order as to costs.
As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI
08.01.2025. Pmk
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12 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
WRIT PETITION NO:11887 of 2019
Date:08.01.2025 Pmk