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2025 DAILYLAW 23180 (AP)

Patibandla Srinivasa Rao alias Patibandla Bullabbai, v. The State of Andhra Pradesh.

WP/15394/2019 · 2025-09-03

B V L N Chakravarthi

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Judgment text

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APHC010327252019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 15394/2019 Between: 1. PATIBANDLA SRINIVASA RAO ALIAS PATIBANDLA BULLABBAI, S/O VENKATARATNAM, AGED ABOUT- 52 YEARS, OCC- CULTIVATION/ MILK VENDOR, R/O WARD NO- 1, GUNDIMEDA VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. 2. PATIBANDLA MALLESWARI, W/O PATIBANDLA SRINIVASA RAO @ PATIBANDLA BULLABBAI, AGED ABOUT- 48 YEARS, OCC- HOUSE-WIFE, R/O WARD NO- 1, GUNDIMEDA VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. 2. THE DIRECTOR OF GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR, GUNTUR DISTRICT. 4. THE DEPUTY SUPERINTEND OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 5. THE STATION HOUSE OFFICER, TADEPALLI PS, GUNTUR DISTRICT 2 6. KOYYALAMUDI VENU, W/O LATE YALAMANDAIAH, AGE- 48 YEARS, OCC- MILK VENDOR/SUPPLIER, GUNDIMEDA VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. BVSS BALAKRISHNA RANJIT 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.15394 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent police in interfering into the Civil dispute in between. the petitioners and 6th respondent and registered the F.I.R as Crime No- 528 of 2019, dated- 18.09.2019 under section 323, 324, 509 r/w 34 IPC, 3(1) (r), 3(1) (s) SC ST POA Act and proceed for arrest without conducting free and fair enquiry and without following the due process of law and without conducting preliminary enquiry and not following the guidelines of Hon'ble Supreme Court as being illegal, arbitrary and violative of article 14 and 21 of Constitution of India and consequently direct the respondent police to Quash the F.I.R as Crime No- 528 of 2019, dated- 18.09.2019 pending on the file of the 5th respondent Police which was filed under section 323, 324, 509 r/w 34 IPC, 3(1) (r), 3(1) (s) SC ST POA Act and pass…” 2. Heard Sri B.V.S.S.Balakrishna Ranjit, learned counsel for the writ petitioners through video conference and Learned Assistant Government Pleader for Home. 3. The learned counsel for writ petitioners would submit that the writ petition is filed to quash the Crime No.528 of 2019 of Tadepalli Police Station, dated 18.09.2019. Subsequent to the writ petition, charge sheet was laid, trial was conducted by the Special Court and found the accused not guilty, and accordingly, the accused were acquitted. Therefore, the writ petition has become infructuous. 4 4. Accordingly, 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 04.09.2025 Pmk 5 33 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:15394 OF 2019 Date: 04.09.2025 Pmk