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2025 DAILYLAW 22497 (AP)

K GOPAL REDDY v. THE STATE OF ANDHRA PRADESH

WP/16047/2025 · 2025-08-12

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010317562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16047 OF 2025 Between: K Gopal Reddy, S/o Late Appala Reddy, Aged 54 years. Residing at D. No. 44-18-31, Tatichetlapalem, Visakhapatnam - 530016. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, A.P.Mangalagiri, Guntur District 3. The Commissioner of Police, Visakhapatnam City. 4. The Deputy Commissioner of Police L O, Zone II, Visakhapatnam City. 5. The Assistant Commissioner of Police, West Sub-Division, Visakhapatnam City. 6. The Station House Officer, Airport Police Station Visakhapatnam City, Visakhapatnam District. ...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 issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities on petitioners representation dated 16.11.2024 submitted to the 6 respondent and PGRS Grievance No. VSP20250315487 as illegal arbitrary and unconstitutional, and consequently direct them to take appropriateaction on the same in accordance with law in the interest of justice. th lA NO: 1 OF 2025 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 DIRECT the Respondent No. 6 to comply with the directions issued by the Respondent No. 5 in his enquiry report dated 03.04.2025 pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI KAMBHAMPATI RAMESH BABU Counsel for the Respondents: GP FOR HOME The Court made the following order: 1 APHC010317562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16047/2025 Between; 1.K GOPAL REDDY, S/0 LATE APPALA REDDY, AGED 54 YEARS. RESIDING AT D. NO. 44-18-31 VISAKHAPATNAM - 530016. TATICHETLAPALEM, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, A.P GUNTUR DISTRICT 3.THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. 4 4.THE DEPUTY COMMISSIONER OF POLICE L O, ZONE II VISAKHAPATNAM CITY. 5.THE ASSISTANTCOMMISSIONEROF POLICE, WEST SUB-DIVISION, VISAKHAPATNAM CITY. 6.THE STATION HOUSE OFFICER, AIRPORT POLICE STATION VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. MANGALAGIRI, ...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 topleased to issue an appropriate order or direction more particularly. 2 one in the nature of Writ of MANDAMUS declaring the inaction of the respondent authorities on petitioners representation dated 16.11.2024 submitted to the 6TH respondent and PGRS Grievance No. VSP20250315487 as illegal arbitrary and unconstitutional, and consequently direct them to take appropriate action on the same in accordance with law in the interest of justice and pass lA NO: 1 OF 2025 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 Pleased to DIRECT the Respondent No. 6 to comply with the directions issued by the Respondent No. 5 in his enquiry report dated 03.04.2025 pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; “...to issue an appropriate order or direction more particularly, one in the nature of Writ of MANDAMUS declaring the inaction of the respondent authorities on petitioners representation dated 16.11.2024 submitted to the 6TH respondent and PGRS Grievance No. VSP20250315487 as illegal arbitrary and unconstitutional, and consequently direct them to take appropriate action on the same in accordance with law in the interest of justice and pass ” Heard Sri K.Ramesh Babu and Sri V.Farook, learned Assistant 2. Government Pleader. Learned Assistant Government Pleader for Home on written instructions 3. would submit that the representation dated16.11.2024 made by the petitioner is considered. For ready reference, the relevant portion of written instructions are 4. extracted hereunder; K.Ramakrishna, Sub Inspector of Police who took up further investigation tried to secure the accused as the prima facie offence proved against the accused. But in the meanwhile, the accused (A1 to A9) approached Hon’ble Court and field a petition to quash the FIR. According, the 10 filed counter for quash in CRLP.No.8350 of 2024. Responding the quash petition filed by the accused, the Hon’ble Court directed the 10 to issued 41(A) Cr.P.C. Notice to the accused (A1 to A9) by following the guidelines enunciated in Arnesh Kumar Vs State of Bihar. Accordingly, the 10 issued 35(3) BNSS notices to the accused (A1 to A9) to appear before the Hon’ble Court as and when summoned. It is to further submit that the investigation in this case was made on the material evidence i.e., photos taken at the SOC by the police cameramanon duty and on the statements of witnesses. The petitioner presented his petition at first on 16.11.2024 at Airport Police Station and subsequently escalated the matter with superior officers. The photos enclosed by the petitioner showing 4 K.K.Raju-YSRCP North Constituency leader participating in the said agitation are being verified with experts regarding its authenticity linking to the offence. Also, legal advice is being taken whether to include the said K.K.Raju-YSRCP North Constituency leader as accused in this case or not, if his participation is proved in the said agitation. In that view, this writ petition is disposed of. However, the police directed to conduct fair investigation and file a report according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 5. are closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// FICER SE To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, A.P Mangalagiri, Guntur District 3. The Commissioner of Police, Visakhapatnam City. 4. The Deputy Commissioner of Police L O, Zone II Visakhapatnam City, of Police, West Sub-Division, 5. The Assistant Commissioner Visakhapatnam City. 6. The Station House Officer, Airport Police Station Visakhapatnam City Visakhapatnam District. 7. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CD Copies RAM '•A • HIGH COURT DATED:13/08/2025 Of ANDwJ^ ORDER WP NO. 16047 OF 2025 ^2 g It SFP m ^ . Current beciion ^ DISPOSING OF THE WP WITHOUT COSTS