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2025 DAILYLAW 28021 (AP)

Bodepalli Dillirao, v. The State of Andhra Pradesh,

WP/20386/2024 · 2025-07-31

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010398172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20386 OF 2024 Between: Bodepalli Dillirao, S/o. Narayana Rao, Aged about 39 years, R/o. Ramunaidu Colony, District. Marripalem Visakhapatnam, Visakhapatnam ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, AP Secretariat Buildings, Velgapudi, District. 2. The Director General of Police, State of Andhra Pradesh DGP Office, Amaravati, Guntur District 3. The Commissioner of Police, Suryabagh, Visakhapatnam District- 530001 4. Deputy Commissioner of Police, Suryabagh Visakhapatnam District- 530001 5. The Guntur . Assistant Commissioner of Police, North Sub-Division, Visakahapatnam City. 6. The Station House officer, Kancharapalem Police Station, Visakhaptnam District. ...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 more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in opening and continuing the Rowdy sheet against the petitioner vide C.No. 120/ACP-N/Genl/07, Dated 30-11-2007 as illegal, arbitrary and in violation of Articles 14 and21 of the Constitution of India and consequently direct the respondents to quash the same the Rowdy sheet opened against lA NO: 1 OF 2024 me. 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 Respondents not to call the Petitioner to the Police Station in connection with Rowdy- sheet opened vide Proceedings of the rowdy-sheet opened against the Petitioner vide Proceedings of Kancharaplem Police Station which was come under Visakhapatnam Commissionerate, Visakhapatnam District, in their Right Commissioner Police, Visakhapatnam, C.No.120/ACP-N/Genl/07, Dated 30-11-2007 and not to interfere to life and personal liberty. Counsel for the Petitioner: SRI PULAMARASETTI RAMALINGESWARA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: 1 it APHC010398172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20386/2024 Between: 1.BODEPALLI DILLIRAO,, S/0. NARAYANA RAO, AGED ABOUT 39 YEARS, R/0. RAMUNAIDU COLONY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. MARRIPALEM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF HOME, AP SECRETARIAT SECRETARY, BUILDINGS, VELGAPUDI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH DGP OFFICE, AMARAVATI, GUNTUR DISTRICT 3.THE COMMISISONER OF POLICE, SURYABAGH, VISAKHAPATNAM DISTRICT-530001 4.DEPUTY COMMISSIONER OF POLICE, SUPYABAGHR VISAKHAPATNAM DISTRICT-530001 5.THE ASSISTANT COMMISSIONER OF POLICE, NORTH SUB DIVISION, VISAKAHAPATNAM CITY. 6.THE STATION HOUSE OFFICER, KANCHARAPALEM POLICE STATION, VISAKHAPTNAM 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 2 pleased to issue an appropriate writ, order or direction more particularly one in ' the nature of Writ of Mandamus declaring the action of the Respondents in opening and continuing the Rowdy sheet against the petitioner vide C.No. 120/ACP-N/Genl/07, Dated 30-11-2007 as illegal, arbitrary and in violation of Articles 14 and21 of the Constitution of India and consequently direct the respondents to quash the same the Rowdy sheet opened against me and pass lA NO: 1 OF 2024 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 may be pleased to direct the Respondents not to call the Petitioner to the Police Station in connection with Rowdy- sheet opened vide Proceedings of the rowdy-sheet opened against the Petitioner vide Proceedings of Kancharaplem Police Station which was come under Visakhapatnam Commissioner ate. Commissioner Police, Visakhapatnam, Visakhapatnam District, C.No.l20/ACP-N/Genl/07, Dated 30-11-2007 and not to interfere in their Right to life and personal liberty and pass Counsel for the Petitioner: 1.PULAMARASETTI RAMALINGESWARA RAO Counsel for the Respondent{S): 1.GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20386/2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: . .pleased to issue an appropriate writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the Respondents in opening and continuing the Rowdy sheet against the petitioner vide C.No.120/ACP-N/Genl/07, Dated 30-11- 2007 as illegal, arbitrary and in violation of Articies 14 and21 of the Constitution of India and consequently direct the respondents to quash the same the Rowdy sheet opened against me and pass... ’’ Sri V.Farooq, learned Assistant Government Pleader for Home, by way of counter affidavit, would submit that the cases registered against the Petitioner were ended in acquittal. It is further stated that, to curb and curtail the unlawful activities of the Petitioner in the vicinity, rowdy sheet was opened against the Petitioner. 2. 3. Sri Pulamarasetti Ramalingeswara Rao, learned counsel for the Petitioner, would submit that, the cases registered no cases are pending against the Petitioner. 4. Considering the submissions made, the Writ Petition is allowed and the impugned Rowdy Sheet No. 10/2007 vide C.No.120/ACP-N/Genl/07, dated 30.11.2007 of Kancharapalem P.S., Visakhapatnam City against the Petitioner is hereby set aside. There shall be no order as to costs. 1 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- J. SAROJA assistant registrar //TRUE COPY// FFICER SEC To, Department of Home, State of Andhra Guntur District. Pradesh DGP Office, The Principal Secretary, Pradesh, AP 1. Secretariat Buildings, Velgapudi General of Police, State of Andhra 2. The Director Amaravati, Guntur District District- Suryabagh, Visakhapatnam of Police, Suryabagh, Visakhapatnam of Police, North Sub-Division, of Police, 3 jhe Commissioner 530001 4. The Deputy Commissioner District-530001 Assistant Commissioner 5. The Visakahapatnam City. Station, Police Kancharapalem officer. House Station 6. The Visakhaptnam District. o+ornPllCl , ».CC,o S. ° GP for Home High Court of Andhra Pradesh [OUT] 8. Two CCS to 9. Two CD Copies GSC p HIGH COURT DATED:01/08/2025 20 AUG 2025 . Cwfwi iecuoii ORDER WP NO. 20386 OF 2024 ALLOWING THE WP WITHOUT COSTS