Extracted from the PDF above. The PDF is authoritative.
APHC010326962020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21671/2020 Between:
1. DARA ASEERWADAM, S/O. DEVANANDAM, AGED 63 YEARS, R/O.
NEAR NSM PUBLIC SCHOOL, PAD PRAM, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A. P.
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, NELLORE DISTRICT.
3. THE STATION HOUSE OFFICER, TADA, SRI POTTI SRIRAMULU NELLORE 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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not proceeding for investigation on day to day basis in respect of Crime No. 82 of 2020, dated 13.06.2020, U/s.120b,405,465,468,420 r/w 34 IPC, on the file of Tada PS, Nellore District as illegal, arbitrary and violation of principles of natural justice and also violation of Article 14,19,21 and 300-A of the Constitution of India and consequently direct the respondent no 3 to prevent the accused charged in supra FIR to commit further offence of threatening the
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petitioner with dire consequences of taking his life away if he withdrawn the case and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,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 respondents to proceed for investigation in respect of crime No 82 of 2020, dated 13.06.2020, U/s.120b,405,465,468,420 rim- 34 IPC, on the file of Tada PS, Nellore Dist and arrest the accused in preventing further offence and pass Counsel for the Petitioner:
1. JADA SRAVAN KUMAR Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“…..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not proceeding for investigation on day to day basis in respect of Crime No. 82 of 2020, dated 13.06.2020, U/s.120b,405,465,468,420 r/w 34 IPC, on the file of Tada PS, Nellore District as illegal, arbitrary and violation of principles of natural justice and also violation of Article 14,19,21 and 300-A of the Constitution of India and consequently direct the respondent no.3 to prevent the accused charged in supra FIR to commit further offence of threatening the petitioner with dire consequences of taking his life away if he withdrawn the case and pass…”
2. Heard Sri Jada Sravan Kumar, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the police are not proceeding with investigation on day to day basis in respect of crime No.82 of
2020.
4. Learned Assistant Government Pleader for Home would submit that the case is referred as civil in nature and police are not interfering in the civil disputes.
5. Recording the same, this writ petition is disposed of. However, the petitioner is at liberty to recourse their remedies before the appropriate forum according to law. There shall be no order as to costs.
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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 01.09.2025 MH
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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WRIT PETITION NO: 21671/2020
Dt.01.09.2025
MH