Devarapalli Kishore Kumar v. The State of Andhra Pradesh
WP/15506/2018 · 2025-07-16
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23905 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23905 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010337512018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15506/2018 Between:
1. DEVARAPALLI KISHORE KUMAR, S/O. KOTESWAR RAO, AGED ABOUT 32 YEARS, OCC. EX-HOME GUARD IN AP POLICE, VIJAYAWADA CITY, KRISHNA DISTRICT, R/O. DR. NO. 52-1-22C, KALPALA VARI STREET, GUNADALA, VIJAYAWADA-520004
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, CAMP AT VIJAYAWADA, ANDHRA PRADESH. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, KRISHNA DISTRICT. 4. THE ASSISTANT COMMISSIONER OF POLICE, EAST ZONE, VIJAYAWADA, KRISHNA DISTRICT. 5. THE STATION HOUSE OFFICER, SATYANARAYANAPURAM POLICE STATION, VIJAYAWADA CITY, ANDHRA PRADESH. 6. SATYANARAYANA, S/O. NOT KNOWN, STATION HOUSE OFFICER, SATYANARAYANAPURAM POLICE STATION, VIJAYAWADA CITY. ANDHRA PRADESH. 7. A V B P B PRASAD, S/O. NOT KNOWN TO PETITIONER, ASSISTANT
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COMMISSIONER OF POLICE, TASK FORCE, ZONE I, VIJAYAWADA CITY, KRISHNA DISTRICT. 8. ADUSUMILLI SHARADA, W/O. A.V.B.P.B. PRASAD, R/O. 69-27-16- C3, SAI KRISHNA AVENUE, GANDHIPURAM, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...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 to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 3 to 5 in filing the false charge sheet in Cr. No. 572/2016 dt. 06.11.2016 on the file of 5th respondent registered under section 338 of IPC subsequently which was altered under section 304 (A) of IPC dt. 07.11.2016 on the behest of respondents 7 and 8 by impleading the petitioner as illegal, arbitrary and violation of Article 14 and 21 of Constitution of India consequently direct the 2nd Respondent to conduct detailed enquiry on every issue raised by the petitioner in the said writ petition and close the Rowdy Sheet opened against the petitioner by the 5th respondent police and pass IA NO: 1 OF 2018 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 suspend the Rowdy Sheet opened against the petitioner by the 5th respondent police, pending disposal of the writ petition and pass Counsel for the Petitioner:
1.
V ROOPESH KUMAR REDDY Counsel for the Respondent(S):
1. GP FOR HOME (AP)
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15506/2018
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 3 to 5 in filing the false charge sheet in Cr. No. 572/2016 dt. 06.11.2016 on the file of 5th respondent registered under section 338 of IPC subsequently which was altered under section 304 (A) of IPC dt. 07.11.2016 on the behest of respondents 7 and 8 by impleading the petitioner as illegal, arbitrary and violation of Article 14 and 21 of Constitution of India consequently direct the 2nd Respondent to conduct detailed enquiry on every issue raised by the petitioner in the said writ petition and close the Rowdy Sheet opened against the petitioner by the 5th respondent police and pass…”
2. Heard Sri V.Roopesh Kumar Reddy, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents is in attendance.
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Learned counsel for the petitioner would submit that investigation is completed in this matter. Charge sheet is filed and it is numbered as C.C.No.536 of 2017, the matter is coming up for 313 examination of the accused. Recording the same, the petition may be disposed of.
4. Recording the same, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.07.2025 UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.15506 of 2018
Dated.17.07.2025
UPS
46 p