1 APHC010447472021 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: 27067/2021 Between: 1. VISAKHA R.C.C. PIPES INDIA LIMITED, REP., BY ITS MANAGINJG DIRECTOR DENDUKURI PEDDA RAJU S/AT FLAT NO.407, ASPEN TOWERS, RESAPUVANIPALEM VISAKHAPATNAM. 13. 2. DENDUKURI PEDDI RAJU, S/O PEDDIRAJU, AGED YRS, MANAGING DIRECTOR OF VISAKHA RCC PIPES FLAT NO.407, ASPEN TOWERS, RESAPUVANIPALEM VISAKHAPATNAM. 13. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. 2 THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. 3. THE STATION HOUSE OFFICER, III TOWN POLICE STATION VISAKHAPATNAM. 4. SAI PRIYA ESTATES AND RESORTS PVT LTD, ., REP., BY ITS MANAGING DIRECTOR DRK PRASAD S/O (1) D. SATYANARAYANA RAJU , AGED 57 YRS D.NO.5-1-70, RUSHIKONDA 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 one in the 2 nature of Writ of Mandamus Declaring the action of the Respondent Police are trying to execute the N.B.W. in C.C.No. 103/2018 on the file of Special Magistrate V Court at Visakhapatnam as against the Petitioners even though the said N.B.W. is a Old one it is nothing but a Dead/elapsed Warrant even then the police are tryng to execute the same as against the petitioners all are Illegal, Unlawful , in violation of the Law and Procedure , Violation of the Specific Directions issued by the Supreme Court of India particularly in connection with the execution of NBWs reported in AIR 2011 SC 3393 , Violation of Principles of Natural Justice , Violation of Article 14,19,21 of the Constitution of India Consequently to direct the Respondents Police not to execute the Dead/elapsed Warrant as against the Petitioners in C.C.No. 103/2018 on the file of V Special Magistrate Court , Visakhapatnam except to return the same to the concerned court as per the Law in the interest of the justice. and to pass IA NO: 1 OF 2021 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 be pleased to pass an Order Seeking a Direction to the Respondent Police particularly 3rd Respondent not to execute the Dead/Elapsed N.B.W. as against the Petitioner in C.C.No.103/2018 on the file of V Special Magistrate Court at Visakhapatnam pending disposal of the main Writ Petition in the interest of the justice. and to pass Counsel for the Petitioner(S): 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27067/2021 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 or Direction more particularly one in the nature of Writ of Mandamus Declaring the action of the Respondent Police are trying to execute the N.B.W. in C.C.No. 103/2018 on the file of Special Magistrate V Court at Visakhapatnam as against the Petitioners even though the said N.B.W. is a Old one it is nothing but a Dead/elapsed Warrant even then the police are trying to execute the same as against the petitioners all are Illegal, Unlawful, in violation of the Law and Procedure, violation of the Specific Directions issued by the Supreme Court of India particularly in connection with the execution of NBWs reported in AIR 2011 SC 3393, violation of principles of natural justice, violation of Article 14,19,21 of the Constitution of India Consequently to direct the Respondents Police not to execute the Dead/elapsed Warrant as against the Petitioners in C.C.No. 103/2018 on the file of V Special Magistrate Court, Visakhapatnam except to return the same to the concerned court as per the Law in the interest of the justice and to pass…” 2. When the matter was taken up for hearing, Sri R.Siva Sai Swarup, learned counsel for the petitioners would submit that the petition may be disposed of, since the relief has become infructuous as the accused are acquitted in the case. 3. Sri V. Farooq, learned Assistant Government Pleader for Home is in attendance. 4. Recording the above said submission, the Writ Petition is dismissed, since the relief has become infructuous. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27067 of 2021 Dated.01.08.2025 UPS 75