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2025 DAILYLAW 33356 (AP)

GOLI SIVA PRASAD v. THE STATE OF ANDHRA PRADESH

WP/30113/2021 · 2025-08-18

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010500332021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30113/2021 Between: 1. GOLI SIVA PRASAD, S/O. RAMU, AGED ABOUT 29 YEARS, R/O.DAVUNIMANYAM, 8M LINE, KOPPURAO COLONY, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN, GUNTUR, GUNTUR DISTRICT. 3. THE ADDITIONAL SUPERINTENDENT OF POLICE, NORTH SUB- DIVISION GUNTUR, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, MANGALAGIRI TOWN POLICE STATION, GUNTUR 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 to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.3, in opening suspect-sheet No.799/2015, dated 16-04-2015, on the file of the Mangalagiri Town Police Station, Guntur District, and continuance of the same on the ground that the Calandar Case No.296 of 2011, is pending, even though the 2 said offence was compouded before the Hon'ble Lok-Adalat Bench at Mangalagiri, through Lok-Adalat award passed on 04.02.20121 being illegal, arbitrary, colorable exercise of power and violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.3 and to close the suspect-sheet No.799/2015 on the file of the Mangalagiri Town Police Station, Guntur District, dated 16-04-2015, and remove the name of the petitioner from the said suspect-sheet and 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 pleased to direct the Respondent No.4, not to call the petitioner to the Mangalagiri Town Police Station, without issuance of notice to the petitioner for his attendance pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.3, in opening suspect-sheet No.799/2015, dated 16-04-2015, on the file of the Mangalagiri Town Police Station, Guntur District, and continuance of the same on the ground that the Calandar Case No.296 of 2011, is pending, even though the said offence was compouded before the Hon'ble Lok-Adalat Bench at Mangalagiri, through Lok-Adalat award passed on 04.02.20121 being illegal, arbitrary, colorable exercise of power and violation of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.3 and to close the suspect-sheet No.799/2015 on the file of the Mangalagiri Town Police Station, Guntur District, dated 16- 04-2015, and remove the name of the petitioner from the said suspect-sheet and pass.” 2. 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, suspect sheet was opened against the Petitioner. 3. Sri Madhava Rao Nalluri, learned counsel for the Petitioner would submit that, no cases are pending against the petitioner. 4. Considering the submissions made, the Writ Petition is allowed and the impugned suspect sheet in suspect-sheet No.799/2015, dated 16-04-2015, on the file of the Mangalagiri Town Police Station, Guntur District against the Petitioner is hereby set aside. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.08.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 21 W.P.No.30113 of 2021 Dt.19.08.2025 MH