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2025 DAILYLAW 31146 (AP)

Kanaparthi Srinivas v. The State of Andhra Pradesh,

WP/400/2020 · 2025-08-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f APHC010451752019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 400 OF 2020 Between: Kanaparthi Srinivas, S/o Suraiah, age 48 years, Occ Acqua Culture, R/o H.No.3-104/1, Rajakapeta, Poolapalli, Palakol Mandal, West Godavari District ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. The Deputy Superintendent of Police, Narsapur, West Godavari District. The Station House Officer, Palakol Town Police Station, Palakol, West Godavari District. Sri D Venkateswara Rao, S/o not known to the petitioner, age major, Occ Circle Inspector of Police, Palakol Rural Circle, Palakol, West Godavari District. Sri B Krishna Kumar, S/o not known to the petitioner, age major, Occ Circle Inspector of Police, Narsapuram Circle, Narsapuram, West Godavari District. Sri Krishna Bhagavan, S/o not known to the petitioner, age major, Occ Sub-Inspector of Police, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District. 1. 2. 3. 4. 5. 6. f 7. Sri AGS Murthy, S/o not known to the petitioner, age major, Occ Sub- Inspector of Police, Palakol Town Police Station, Palakol, West Godavari District. 8. Sri JVN Prasad, S/o not known to the petitioner, age major, Occ Sub- Inspector of Police, Palakol Godavari District. Town Police Station, Palakol, West ...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 2 to 8 herein in arraying the petitioner as an accused in Crime No.369 of 2019 dated 10-12-2019, on the file of Palakol Town Police Station, West Godavari District, as illegal, arbitrary and consequently quash the proceedings in FIR in Crim No.369/2019 dated 10.12.2019 against the petitioner herein lA NO: 1 OF 2020 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 stay all further proceedings including appearance of the petitioner in connection with Crime No.369 of 2019 dated 10-12-’2019, on the file of Palakol Town Police Station, West Godavari District, pending disposal of the writ petition lA NO: 2 OF 2020 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Deputy Superintendent of Police, Narsapur, West Godavari District. 3. The Station House Officer, Palakol Town Police Station, Palakol, West Godavari District. f 4. Sri D Venkateswara Rao, S/o not known to the petitioner, age major, Occ Circle Inspector of Police, Palakol Rural Circle, Palakol, West Godavari District. 5. Sri B Krishna Kumar, S/o not known to the petitioner, age major, Occ Circle Inspector of Police, Narsapuram Circle, Narsapuram, West Godavari District. 6. Sri Krishna Bhagavan, S/o not known to the petitioner, age major, Occ Sub-Inspector of Police, Bhimavaram I Town Police Station, Bhimavaram, West Godavari District. 7. Sri AGS Murthy, S/o not known to the petitioner, age major, Occ Sub inspector of Police, Palakol Town Police Station, Palakol, West Godavari District. 8. Sri JVN Prasad, S/o not known to the petitioner, age major, Occ Sub- Inspector of Police, Palakol Godavari District. Town Police Station, Palakol, West ... Respondents/Petitioners AND Kanaparthi Srinivas, S/o Suraiah, age 48 years, Occ Acqua Culture, R/o H.No.3-104/1, Rajakapeta, Poolapalli, Palakol Mandal, West Godavari District .. .Respondent/Petitioners 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 vacate the interim orders passed on 08.01.2020 in WP No.400 of 2020 Counsel for the Petitioner: SRI POLISETTY RADHA KRISHNA Counsel for the Respondents No.1 to 3: GP FOR HOME (AP) The Court made the following order: « APHC010451752019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ! [3396] i TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 400/2020 Between: 1.KANAPARTHI SRINIVAS, S/0 SURAIAH, AGE 48 YEARS, OCC ACQUA CULTURE, R/0 H.NO.3-104/1, RAJAKAPETA, POOLAPALLI, PALAKOL MANDAL, WEST GODAVARI DISTRTICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DEPUTY SUPERINTENDENT OF POLICE, NARSAPUR, WEST GODAVARI DISTRICT. 3.THE STATION HOUSE OFFICER, PALAKOL TOWN POLICE STATION, PALAKOL, WEST GODAVARI DISTRICT. 4. SRI D VENKATESWARA RAO, S/0 NOT KNOWN TO THE PETITIONER, AGE MAJOR, OCC CIRCLE INSPECTOR OF POLICE, PALAKOL RURAL CIRCLE, PALAKOL, WEST GODAVARI DISTRICT. 5.SRI B KRISHNA KUMAR, S/0 NOT KNOWN TO THE PETITIONER, AGE MAJOR, OCC CIRCLE INSPECTOR OF POLICE, NARSAPURAM CIRCLE, NARSAPURAM, WEST GODAVARI DISTRICT. 6.SRI KRISHNA BHAGAVAN, S/0 NOT KNOWN TO THE PETITIONER, AGE MAJOR, OCC SUB-INSPECTOR OF POLICE, BHIMAVARAM I TOWN POLICE STATION, BHIMAVARAM, WEST GODAVARI f 2 DISTRICT. 7.SRI AGS MURTHY, S/0 NOT KNOWN TO THE PETITIONER, AGE MAJOR, OCC SUB-INSPECTOR OF POLICE, PALAKOL TOWN POLICE STATION, PALAKOL, WEST GODAVARI DISTRICT. 8.SRI JVN PRASAD, S/0 NOT KNOWN TO THE PETITIONER MAJOR, OCC SUB-INSPECTOR OF POLICE, PALAKOL POLICE STATION, PALAKOL, WEST 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 8 herein in arraying the petitioner as an accused in Crime No.369 of 2019 dated 10-12-2019, on the file of Palakol Town Police Station, West Godavari District, as illegal, arbitrary and consequently quash the proceedings against the petitioner herein, lA NO: 1 OF 2020 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 stay all further proceedings including appearance of the petitioner in connection with Crime No.369 of 2019 dated 10-12-2019, on the file of Palakol Town Police Station, West -Godavari District, pending disposal of the writ petition lA NO: 2 OF 2020 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 vacate the interim orders passed on 08.01.2020 in WP No.400 of 2020 and to pass Counsel for the Petitioner: 1.POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1.GP FOR HOME (AP) AGE TOWN to I 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 400/2020 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 2 to 8 herein in arraying the petitioner as an accused in Crime No. 369 of 2019 dated 10-12-2019, on the file of Palakol Town Police Station, West Godavari District, as illegal, arbitrary and conseguently guash the proceedings against the petitioner herein,...” 2. Heard Sri Polisetty Radha Krishna, learned counsel for the petitioner and V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner is arrayed as accused in Crime No.369 of 2019 dated 10.12.2019, of Palakol Town Police Station. Crime is of the year 2019 and investigation is still pending. Learned Assistant Government Pleader for Home would submit that the 4. Court may pass appropriate orders. Considering the submissions, the Writ Petition is disposed of. However, 5. the Police are directed to conclude the investigation and file a report according to law as expeditiously as possible, if not already filed. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Deputy Superintendent of Police, Narsapur, West Godavari District. 3. The Station House Officer, Palakol Town Police Station, Palakol, West Godavari District. 4. One CC to SRI POLISETTY RADHA KRISHNA Advocate [OPUC] 5. Two CCs to GP FOR HOME (AP) High Court of Andhra Pradesh 6. Two CD Copies [OUT] gsg HIGH COURT DATED: 05/08/2025 ORDER WP NO. 400 OF 2020 M 11 SEP 2025 iTontSactie gfiAIS Co DISPOSING THE WP WITHOUT COSTS