APHC010689452018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 33221/2018 Between: 1. MR.KUCHI BRAHMAIAH, S/O.MATHAIAH, AGED ABOUT 57 YEARS, OCC- FARMER, R/O. AUTO NAGAR, DARSI TOWN AND VILLAGE, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. ANDHRA PRADESH 2. THE STATION HOUSE OFFICER, P.S. DARSI, DARSI TOWN, PRAKASAM DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, P.S. PODILI, PODILI TOWN, PRAKASAM DISTRICT, ANDHRA PRADESH. 4. SRI JINKA UDAY BHASKAR, THE THEN TAHSILDAR, DARSI MANDAL, DARSI TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 5. SRI U SUDHAKAR RAO, THE THEN SUB-INSPECTOR OF POLICE, DARSI POLICE STATION, DARSI TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 6. SRI P DEVA PRABHAKAR, THE THEN SUB-INSPECTOR OF POLICE, P.S. PODILI, DARSI TOWN, PRAKASAM DISTRICT, ANDHRA PRADESH ...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 pass an order or orders one more particular in the nature of Writ of Mandamus declaring the action of the Respondents in not mentioning the dying declaration dated 11-04-2009 of the deceased Mrs. Kuchi Sudha Rani in the charge sheet filed in Crime No. 81 of 2009 dated 11-04-2009 or not submitting to the Honble Judicial First Class Magistrate at Darsi, Prakasam District in PRC No. 29 of 2017 as illegal, arbitrary and contrary to the provisions of Criminal Procedure Code, 1973 and violation Article 14 and 21 of the Constitution of India and consequently direct the 2 Respondent Nos.2 and 3 to submit the dying declaration of the deceased i.e. Mrs. Kuchi Sudha Rani before the Honble Judicial First Class Magistrate at Darsi, Prakasam District in Crime No. 81 of 2009 dated 11- 04-2009 and pass Counsel for the Petitioner: 1. SATYANARAYANA NIMMALA Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to pass an order or orders one more particular in the nature of Writ of Mandamus declaring the action of the Respondents in not mentioning the dying declaration dated 11-04-2009 of the deceased Mrs. Kuchi Sudha Rani in the charge sheet filed in Crime No. 81 of 2009 dated 11-04-2009 or not submitting to the Honble Judicial First Class Magistrate at Darsi, Prakasam District in PRC No. 29 of 2017 as illegal, arbitrary and contrary to the provisions of Criminal Procedure Code, 1973 and violation Article 14 and 21 of the Constitution of India and consequently direct the Respondent Nos.2 and 3 to submit the dying declaration of the deceased i.e. Mrs. Kuchi Sudha Rani before the Honble Judicial First Class Magistrate at Darsi, Prakasam District in Crime No. 81 of 2009 dated 11-04-2009 and pass ....” 2. Learned counsel for the Petitioner would submit that the subject matter of this Writ Petition does not survive for adjudication and that this Writ Petition has become infructuous. 3. Learned Assistant Government Pleader for Home is in attendance. 4. In that view, this Writ Petition is dismissed as infructuous. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.33221 of 2018 16.07.2025 Mjl /*