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2025 DAILYLAW 31190 (AP)

Kaku Murali, v. The State of Andhra Pradesh

WP/23392/2024 · 2025-01-07

K Sreenivasa Reddy

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23392 OF 2024 Between: Kaku Murali, son of Kaku Sreenivasulu Reddy, aged about 33 years. Advocate by profession. Door No. 157, Mulumudi, Nellore City, SPSR Nellore District ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, SPSR Nellore District, Nellore City. 3. The Nellore Municipal Corporation, is rep. by its Commissioner, Nellore City, Nellore, SPSR Nellore District. 4. The Station House Officer, Dargamitta Police Station, Nellore City, SPSR Nellore District 5. Bobbala Srinivasa Rao, son of soe-ef Bobbala Dharamraju, Door No. 24-21- 372, CCS Nagar, Opp- LIC Office, Nellore City, SPSR Nellore 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, a writ, order or direction more particularly one in the nature of Writ of Mandamus seeking a direction permitting the petitioner herein to participate and contest the CRL.P.No.7172 of 2024 as filed by the 5th respondent being a original complainant and instrumental of registration of FIR.No.107 of 2024 to the 3rd respondent herein, where the 5th respondent is seeking anticipatory bail. iD-a-roastef-befrch and if the petitioner fails to get an opportunity, the crime viz., FIR.No.107 of 2024 of Dargamitta Police Station would be defeated and consequently crave leave of this Hon ble Court to permit the petitioner herein to participate in Crl.P.No.7172 of 2024 being a origin complainant for further prosecution of both the matters together since, 3rd party participation in bail application is restricted by the Apex Court in Subrata Raoy Sahara vs Pramod Kumar Saini and Others as reported in 2022 LiveLaw (SC) 601. iA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the petitioner's request in clubbing the instant writ petition with Crl.P.No.7172 of 2024 for further prosecution of both the matters together, pending disposal of the above said writ petition and pending disposal of the above writ petition. Counsel for the Petitioner: SRI V SURENDRA REDDY Counsel for the Respondent Nos. 1, 2 & 4: GP FOR HOME Counsel for the Respondent No.3: SRI A S C BOSE (SC FOR MUNICIPALITIES) Counsel for the Respondent No.5: -— The Court made the following: ORDER 1 APHC010455952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 23392/2024 Between; ...PETITIONER Kaku Murali AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VSURENDRA REDDY Counsel for the Respondent{S): 1.GP FOR HOME 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following Order: The Writ Petition is filed seeking a direction permitting the petitioner to participate and contest the Criminal Petition No.7172 of 2024, which was filed by the respondent No.5, being the original 1. complainant in Crime No.107 of 2024. 2 2. Today when the matter is taken up for hearing, learned Assistant Government Pleader submits that orders have been passed in Criminal Petition No.7172 of 2024. 3. In view of orders being passed in Criminal Petition No.7172 of 2024, came in this Writ Petition does not survive. Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous petitions, if any, pending, shall stand closed. Sd/- N. NAGAMMA assistant REGISTRAR 4. //TRUE COPY// OFFICER SE To, 1. One CC to Sri V Surendra Reddy Advocate [OPUC] 2. One CC to Sri A S C Bose, SC for Municipalities, Advocate [OPUC] 3. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Municipal Admn. & Urban Development, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies TF HIGH COURT DATED:07/01/2025 ORDER I 13 FEB 2025 ^ . Curreni oeciion WP.No.23392 of 2024 DISMISSING THE W.P., WITHOUT COSTS