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2025 DAILYLAW 22996 (AP)

M/s Hira Electro Smeltors Limited v. The State of Andhra Pradesh,

WP/16480/2025 · 2025-07-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010322932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16480 OF 2025 Between; M/s Hira Electro Smeltors Limited, Registered Office at Plot No. APIIC Growth Centre, Bobbili, Vizianagaram District Rep by its Director Pappala Srinivasa Rao, S/o Late Damodar Naidu, Aged about 54 No. 364 to 367, APIIC Growth Centre, Bobbili, Vizianagaram District, Andhra Pradesh 364 to 367, years. Plot ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Secretariat Building, Velagapudi, Department District 2. The State of Andhra Pradesh, Rep. by its Director General of Police, Police Head-Quarters, Mangalagiri, 3. The Superintendent of Police, Vizianagaram District, Vizianagaram 4. The Station House Officer, Bobbili Town Police Amaravati, Guntur Station, Bobbili Vizianagaram District 5. M/s Ryder Shipping Line Private Limited, Office address at 6-2-604 701-704, Concorde Premises, Plot No. 66A, Sector-11, Navi Mumbai-400614, India Rep. by its Authorised Signatory 6. All India Warehousing Pvt Ltd, 18, Eastern Chambers, 2nd floor, Poon Street, Masjid (E) Mumbai 400009 Rep by its Managing Director CBD, Belapur, ...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 Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the inaction of Respondent No.4 in completing the investigation by seizing the crime property of X-Ray Fluorescence Spectrometer (Model ZSX Primus IV) in Crime No. 382/2024 on the file of the 4th respondent and produce before the concerned court as arbitrary, illegal, irregular, violative of Articles 21 of Indian Constitution, unjustified and consequently direct the Respondent No.4 to complete the investigation and seize the property in Crime No. 382 of 2024 on the file of the 4th respondent police station which is kept in the 6th respondent by the 5th respondent by duly filing the charge sheet. 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.4 to forthwith seize the X-Ray Fluorescence Spectrometer (Model; ZSX Primus IV) which is the property in Crime No. 382/2024 on the file of the 4th respondent police station which is kept with the 6th respondent by the 5th respondent, pending disposal of the writ petition. Counsel for the Petitioner: SRI TADDI NAGESWARA RAO Counsel for the Respondent Nos. 1 to 4: GP FOR HOME Counsel for the Respondent Nos. 5 & 6: — The Court made the following order: APHC010322932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 16480/2025 Between: M/S HIRA ELECTRO SMELTORS LIMITED, REGISTERED OFFICE AT PLOT NO. 364 TO 367, APIIC GROWTH CENTRE, BOBBILI, VIZIANAGARAM DISTRICT REP BY ITS DIRECTOR PAPPALA SRINIVASA RAO, S/0 LATE DAMODAR NAIDU, AGED ABOUT 54 YEARS. PLOT NO. 364 TO 367, APIIC GROWTH CENTRE, BOBBILI, VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS DIRECTOR GENERAL OF POLICE, POLICE HEAD-QUARTERS, MANGALAGIRI, 3.THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT, VIZIANAGARAM 4.THE STATION HOUSE OFFICER, BOBBILI TOWN POLICE STATION, BOBBILI, VIZIANAGARAM DISTRICT 5.M/S RYDER SHIPPING LINE PRIVATE LIMITED, OFFICE ADDRESS AT 6-2-604, 701-704, CONCORDE PREMISES, PLOT NO. 66A, SECTOR-11, CBD, BELAPUR, NAVI MUMBAI-400614, INDIA REP. BY ITS AUTHORISED SIGNATORY 6.ALL INDIA WAREHOUSING PVT LTD, 18, EASTERN CHAMBERS, 2ND FLOOR, POON STREET, MASJID (E) MUMBAI 400009 REP BY ITS MANAGING DIRECTOR ...RESPONDENT{S): Counsel for the Petitioner: 1.TADDI NAGESWARA RAO Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: a Writ of Mandamus declaring the inaction of Respondent No.4 in completing the investigation by seizing the crime property of X- Ray Fluorescence Spectrometer (Model ZSX Primus IV) in Crime No. 382/2024 on the file of the 4^^ Respondent and produce before the concerned court as arbitrary, illegal, irregular, violative of Articles 21 of Indian Constitution, unjustified and consequently direct the Respondent No.4 to complete the investigation and seize the property in Crime No. 382 of 2024 on the file of the 4th respondent police station which is kept in the 6th respondent by the 5th respondent by duly filing the charge sheet. ’’ Sri Taddi Nageswara Rao, learned counsel for the Petitioner would submit that the Police, after registration of Crime No.382 of 2024, and inspite of the representation dated 06.05.2025, have not completed the investigation and no action has been taken so far. 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the investigation in the above crime is going on and some more witnesses are to be examined and some more 3. documents are to be collected. 4. As can be seen from the written instructions placed by the learned Assistant Government Pleader for Home, on record, there is no whisper regarding the steps taken by the Police relating to the subject property except stating that, as the ingredients of criminal breach of trust and cheating attracted, they have lodged a case and the investigation is in progress. are 3 5. Considering the submissions made, the Writ Petition is disposed of. However, Police are directed to look into the points raised by the Petitioner and take appropriate steps according to the governing rules and law, conclude the investigation and file a report within a period of three months from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any. pending shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravati, Guntur District 2. The Director General of Police, Police Head-Quarters, Mangalagiri, 3. The Superintendent of Police, Vizianagaram District, Vizianagaram 4. The Station House Officer, Bobbili Town Police Station, Bobbili, Vizianagaram District 5. One CC to Sri Taddi Nageswara Rao Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies TF HIGH COURT DATED;29/07/2025 ORDER WP NO. 16480 OF 2025 ^ 0 7 AUG 2025 ',p SectioftXV .Co DISPOSING OF THE W.P., WITHOUT COSTS