APHC010286202019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 13107/2019 Between: 1. CHINTAMANENI PRABHAKARA RAO, SIO. KESAVA RAO, AGED 49 YEARS, R/O. D.NO.3-89, DUGGIRALA VILLAGE, PEDAVEGI MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU. 4. THE STATION HOUSE OFFICER, PEDAVEGI POLICE STATION, WEST GODAVARI DISTRICT, 5. SRI CHERUKU JOSEPH, S/O. SANGETA RAO,AGED ABOUT 24 YEARS, LABOURER, R/O. PINAKADIMI VILLAGE, PEDAVEGI MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION NO.13107 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 4threspondent in trying to arrest the petitioner in connection with the crime in FIR No. 216 of 2019 dated 29.08.2019 on the file of the Pedavegi Police Station, West Godavari District, without following 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 Vs. State of Bihar (2014) 8 SCC 273 and consequently direct the 4th respondent not to arrest the petitioner without following the procedure prescribed in Section 41A Cr.P.C. and to pass …” 2. Sri Shobanadri, learned counsel representing Sri Ginjupalli Subba Rao, learned counsel for the petitioner 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 submission made by learned counsel for the petitioner, 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 23.01.2025. Pmk 5 40 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO:13107 of 2019 Date:23.01.2025 Pmk