APHC010611912018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 29110/2018 Between: 1. D.CHENGALRAYAPPA, S/O LATE CHINNAIAH, AGE, 59 YEARS, OCC, CULTIVATION, R/O,GANDHARAMAKULAPALLI VILLAGE,V KOTA MANDALAM, CHITTOOR DISTRICT. 2. D.SIVA SHANKAR, S/O D.CHENGALRAYAPPA,AGE, 27 YEARS, OCC, CULTIVATION, R/O, GANDHARAMAKULAPALLI VILLAGE,V KOTA MANDALAM, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS,VELGAPUDI,GUNTUR DISTRICT,A.P. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, A.P 3. THE DEPUTY SUPERINTENDENT OF POLICE, PALAMANER, CHITTOOR DISTRICT, A.P. 4. THE STATION HOUSE OFFICER, V KOTA POLICE STATION, V KOTA MANDALAM, CHITTOOR DISTRICT, A.P 5. RAVI PRAKASH REDDY, S/O NOT KNOWN TO THIS PETITIONER, AGE, AGED ABOUT 40 YEARS,R/O SUB INSPECTOR OF POLICE, V KOTA POLICE STATION, V KOTA MANDALAM, CHITTOOR DISTRICT, A.P. ...RESPONDENT(S): 2 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 a Writ in the nature of Mandamus, declaring the action of the 5th respondent who has acted in the capacity of 4th respondent in violating the guidelines issued by the Honble Supreme Court in Arnesh Kumar vs State of Bihar case dt 27-7-2014 by arresting the petitioners in Crime No 28 of 2018 under section 353, 323 and 506 r/w 34 IPC without issuing any notice under section 41 A of CrPC and remanding them without following the procedure as contemplated under CrPC, as being illegal, arbitrary and being violative of Arts, 14 and 21-A of the Constitution of India, apart from various judicial pronouncements of this Honble Court as well as the Honble Apex Court and consequently direct the respondent 2 to conduct an enquiry and take appropriate action against the 5th respondent who acted under the capacity of 4th respondent by violating the guidelines of the Honble Supreme Court in Arnesh Kumar Vs State of Bihar case and arrested the petitioners herein and pass IA NO: 1 OF 2018 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 direct the Respondent No.2 to conduct an enquiry against the 5th respondent who acted under the capacity of 4th respondent and highhandedly violated the guidelines of the Honble Supreme Court passed in Arnesh Kuamr Vs. State of Bihar case by arresting the petitioners without issuing them any notice u/sec. 41-A of Cr.P.C. and submit a report before this Hon’ble High Court, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner(S): 1. V NITESH 2. BASHA SHAIK Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. SRINIVAS POLAVARAPU 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 29110 of 2018 The Court made the following Order: Heard learned counsel for the petitioners and learned Additional Government Pleader representing the State. 2. Learned Additional Government Pleader on written instructions would submit that the Police completed investigation in Crime No.28 of 2018 relating to the petitioners and laid charge sheet before the concerned Magistrate. Therefore, arrest of the petitioners as alleged in the Writ Petition would not arise and hence, nothing remains for further adjudication in the present Writ Petition. 3. The present Writ Petition was filed alleging that the police are not following the guidelines prescribed by the Hon’ble Apex Court in the case of Arnesh Kumar v. State of Bihar1. 4. In the light of the submission made by learned Additional Government Pleader, admittedly investigation is concluded and the Police laid charge sheet before the jurisdictional Magistrate. In that view of the matter, this Court is of the opinion that the 1 (2014) 8 SCC 273 4 present Writ Petition may be closed, as no further orders are required, at this length of time. 5. Accordingly, this Writ Petition is closed. No costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 13.08.2025 PSA 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 29110 of 2018 Date: 13.08.2025 PSA