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2025 DAILYLAW 33481 (AP)

FACOR ALLOYS LIMITED v. THE STATE OF ANDHRA PRADESH

WP/25910/2025 · 2025-09-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010502912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25910/2025 Between: 1. FACOR ALLOYS LIMITED, THROUGH ITS AUTHORIZED SIGNATORY, OFFICE AT SHREERAMNAGAR P.O. GARIVIDI VIZIANAGARAM, ANDHRA PRADESH, INDIA, 53510. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI 2. MR RAMKISHAN SARAF, 191 A, SAINIK FARMS, NEW DELHI - 110062 3. MRS PROMILA SARAF, 191 A, SAINIK FARMS, NEW DELHI-110062 4. MR ASHISH SARAF, 191 A, SAINIK FARMS, NEW DELHI-110062 5. MR ASHIM SARAF, 191 A, SAINIK FARMS, NEW DEIHI-110062 6. MR ARNAV SARAF, 191 A, SAINIK FARMS, NEW DEIHI-110062 7. MRS PRIYA DAMANI, 191 A, SAINIK FARMS, NEW DEIHI-110062 ...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, and/or direction to - a. the Ld. Magistrate to take further actions qua cognizance of the offences alleged in the Complaint in an expedited and time bound manner and initiate 2 appropriate proceedings as mandated under law b. form guidelines for the expedited and time bound disposal of complaints made to Magistrates under Chapter XVI of the BNSS c. and pass IA NO: 1 OF 2025 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 restrain the Respondents from altering any portion of the said Company Guest House whatsoever, including but not limited to destroying/disposing off or moving any articles of any nature from the Company Guest House pending conclusion of the instant proceedings and pass IA NO: 2 OF 2025 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 pending conclusion of the instant proceedings, appoint a receiver/ local commissioner to (i).Inspect the Company Guest House and make an inventory of all fixtures, electrical appliances, records, furniture etc and (ii)File a detailed report of the same before this Hon’ble Court.(ii)- And pass IA NO: 3 OF 2025 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 permit the Petitioner to post security personal appointed/retained by it inside and outside the Company Guest House in order to safeguard its Interest In the Company Guest House pending conclusion of the instant proceedings and pass Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25910 of 2025 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, to- a. the Ld. Magistrate to take further actions qua cognizance of the offences alleged in the Complaint in an expedited and time bound manner and initiate appropriate proceedings as mandated under law; b. form guidelines for the expedited and time bound disposal of complaints made to Magistrates under Chapter XVI of the BNSS, and pass….” 2. Heard Sri Keshav, learned counsel representing Sri Varun Byreddy, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. This petition is filed seeking a direction to the concerned Court to pass orders in D.D.R.No.9009 of 2024 before the IV Additional Chief Metropolitan Magistrate Court, Visakhapatnam. 4. It is brought to the notice of this Court by the learned counsel for the petitioner that for the last two adjournments, D.D.R.No.9009 of 2024 before the IV Additional Chief Metropolitan Magistrate Court, Visakhapatnam is coming up for orders. 5. In that view, the Writ Petition is disposed of, directing the concerned Magistrate Court to take appropriate decision in the matter according to law, as expeditiously as possible, since it is represented that the matter is 4 scheduled to be listed on 26.09.2025 under the caption ‘for orders’. There shall be no order as to costs. 6. Registry is directed to communicate this order to the concerned Magistrate Court forthwith. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.09.2025. SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25910 of 2025 Dated.22.09.2025 SNI 18