APHC010392272021 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. 24582/2021 Between: 1. CHERUKURI SURYANARAYNA RAJU, S/O RAMA RAJU, AGED 63 YEARS OCC DOCTOR R/AT NEAR ALLURI SEETARAMARAJU STATUTE SEETHAMMADHARA, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. 3. THE STATION HOUSE OFFICER, MVP ZONE POLICE STATION VISAKHAPATNAM. 4. GUDIVADA RAMACHANDRA RAO, S/O APPA RAO, AGED 43 YRS, FLAT NO.601, SAI THEERU TOWERS, BESIDE ALWARDAS PUBLIC SCHOOL SECTOR 10 MVP COLONY, VISAKHAPATNAM. ...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 or Direction more particularly in the nature of a Writ of Certiotari to Call for the Records pertaining to the Impugned Docket Order dated 22-09-2021 passed in C.C.No.322/2021 on the file of Special Magistrate Court -III- Visakhapatnam passed an Order Issuing an N.B.W. Straightaway to the Petitioner/Accused in connection with Case in 138 of NI Act due to Non-Attendance of First Appearance Date 22.09.2021 in connection with a Case filed by the 4th Respondnet it is Illegal, Unlawful , Violation of a Principles of Natural Justice, Violation of Article 14,21 , Violation of Several High Court as wellas Supreme Court of India Rulings, guidelines including very Recent Judgment of Apex Court dt. 07-10-2021 in a Case SpI Leave to Appeal (Cri) No.5191/2021 there by to QUASH the impugned docket order dt.22.09.2021 Consequently to direct the Respondent Police not to execute the NBW as against the Petitioner in 2 C.C.No.322/2021 on the file of Special Magistrate Court-III Visakhapatnam in the interest of the justice and to pass such Counsel for the Petitioner: 1. RAVURI LEELA SAI SAMPATH Counsel for the Respondent(S): 1. GP FOR HOME 2. S.V.S.S.SIVA RAM The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ ... to issue a Writ or Order or Direction more particularly in the nature of a Writ of Certiotari to Call for the Records pertaining to the Impugned Docket Order dated 22-09-2021 passed in C.C.No.322/2021 on the file of Special Magistrate Court -III- Visakhapatnam passed an Order Issuing an N.B.W. Straightaway to the Petitioner/Accused in connection with Case in 138 of NI Act due to Non-Attendance of First Appearance Date 22.09.2021 in connection with a Case filed by the 4th Respondent it is Illegal, Unlawful , Violation of a Principles of Natural Justice, Violation of Article 14,21 , Violation of Several High Court as well as Supreme Court of India Rulings, guidelines including very Recent Judgment of Apex Court dt 07-10-2021 in a Case SpI Leave to Appeal (Cri) No.5191/2021 thereby to QUASH the impugned docket order dt.22.09.2021 Consequently to direct the Respondent Police not to execute the NBW as against the Petitioner in C.C.No.322/2021 on the file of Special Magistrate Court-III Visakhapatnam in the interest of the justice and to pass such ....” 2. Learned counsel for the Petitioner would submit that the cause in this Writ Petition does not survive for adjudication and that this Writ Petition has become infructuous. 3. Learned Assistant Government Pleader for Home appearing for official respondents would submit that this Court may pass appropriate orders. 3 4. In that view, this Writ Petition is dismissed as infructuous. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 24582 2021 29.07.2025 Mjl /*