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2025 DAILYLAW 38508 (AP)

PANYAM VUPPU SURESH v. The State of Andhra Pradesh,

WP/42680/2022 · 2025-09-03

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010723282022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42680/2022 Between: 1. PANYAM VUPPU SURESH, S/O LATE P.V.GOPINATHA RAO, AGE ABOUT 58 YEARS. 2. SANJAI KARVINAKOPPA, S/O LATE PRAHLADA RAO KARU VENKAPPA, AGE ABOUT 48 YEARS. 3. BURUGADDA KRISHNA CHAITANYA, S/O SREENIVASA RAO, AGE ABOUT 31 YEARS. 4. ANAGADATTA ROCKSAND MINERALS PVT. LTD.,, REP. BY ITS DIRECTOR SANJAY P.KURIVINAKUPPA. ALL ARE RESIDING AT H.NO.7-9-5, SAMBAMURTHY STREET, RAMARAOPETA, KAKINADA, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE REGISTRAR, MUTUALLY AIDED CO-OPERATIVE SOCIETIES, STATE OF ANDHRA PRADESH, GUNTUR . 3. THE DISTRICT COOPERATIVE OFFICER, KAKINADA, KAKINADA DISTRICT. 4. THE DISTRICT COLLECTOR, , KAKINADA, KAKINADA DISTRICT. 5. THE JAYALAKSHMI MUTUALLY AIDED AND MULTIPURPOSE COOPERATIVE SOCIETY LIMITED, REP. BY ITS CHAIR PERSON KOPPULA NAGESWARA RAO, STREET, BEHIND IOC PETROL BUNK, SAIPURAM JUNCTION, KAKINADA, KAKINADA DISTRICT- 533005. 6. THE SUPERINTENDENT OF POLICE, , REGIONAL OFFICE, C.I.D., Q7HC PLUS MGP, PINEAPPLE COLONY, VISAKHAPATNAM - 530040. 7. THE DEPUTY SUPERINTENDENT OF POLICE, REGIONAL OFFICE, C.I.D., PRINCIPAL COLONY, Q7HC PLUS MGP, PINEAPPLE COLONY, VISAKHAPATNAM - 530040. 8. THE INSPECTOR OF POLICE REGIONAL OFFICE, C.I.D., Q7HC 2 PLUS MGP, PINEAPPLE COLONY, VISAKHAPATNAM - 530040. 9. THE SUBINSPECTOR OF POLICE, REGIONAL OFFICE, C.I.D., Q7HC PLUS MGP, PINEAPPLE COLONY, VISAKHAPATNAM - 530040. ...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 or direction more particularly one in the nature of Writ of Certiorarified Mandamus, call for the records pertaining to the Petitioners' Loan Accounts from the respondents 3 and 6 and furnish the same to the petitioners enabling them to clear off the balance loan amount whatever amount released to their respective loan accounts without giving breathing time by declaring the action of the respondents 6 to 9 herein in calling the petitioners to their offices and giving threats repeatedly, as illegal, arbitrary, contrary to law, violative of Articles 14, 19 (g), 21 of Constitution of India and consequently direct the respondents herein not to call the petitioners to their offices and not to give threats them pass Counsel for the Petitioner(S): 1. G V GANGADHAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. GP FOR REVENUE 3. SPL.PUBLIC PROSECUTOR FOR CID 4. GP FOR COOPERATION APHC010008972023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 784/2023 Between: 1. AKELLA MURALI KRISHNA SHARMA, S/O LATE AKELLA ANJANEYA SASTRY, AGE ABOUT 47 YEARS, OCC. POUROHITH. 2. SMT.AKELLA SITA RATNAM, W/O AKELLA MURALI KRISHNA SHARMA, AGE ABOUT 44 YEARS, OCC. HOUSE WIFE. BOTH 3 ARE R/O D.NO.70-3-64/1, CT COLONY, RAMANAYYAPETA, KAKINADA, KAKINADA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE REGISTRAR, MUTUALLY AIDED CO-OPERATIVE SOCIETIES, STATE OF ANDHRA PRADESH, GUNTUR. 3. THE DISTRICT COOPERATIVE OFFICER, KAKINADA, KAKINADA DISTRICT. 4. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT. 5. THE JAVALAKSHMI MUTUALLY AIDED AND MULTIPURPOSE COOPERATIVE SOCIETY LIMITED, REP. BY ITS CHAIR PERSON KOPPULA NAGESWARA RAO, STREET, BEHIND IOC PETROL BUNK, SAIPURAM JUNCTION, KAKINADA, KAKINADA DISTRICT- 533005. 6. THE SUPERINTENDENT OF POLICE, REGIONAL OFFICE, C.L.D., VISAKHAPATNAM. 7. THE DEPUTY SUPERINTENDENT OF POLICE, REGIONAL OFFICE, C.I.D., PRINCIPAL COLONY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT 8. THE INSPECTOR OF POLICE, REGIONAL OFFICE, C.I.D., VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 9. THE SUBINSPECTOR OF POLICE, REGIONAL OFFICE, C.I.D., VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 10. SRI JANI BASHA, , DIRECTOR, THE JAYALAKSHMI MUTUALLY AIDED AND MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED, BEHIND IOC PETROL BUNK, SAIPURAM JUNCTION, KAKINADA, KAKINADA DISTRICT- 533005. 11. SRI K GOWRI SHANKAR, DIRECTOR, THE JAYALAKSHMI MUTUALLY AIDED AND MULTIPURPOSE CO-OPERATIVE SOCIETY LIMITED, BEHIND IOC PETROL THINIC, SAIPURAM JUNCTION, KAKINADA, KAKINADA DISTRICT- 533005. ...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 or direction more particularly one in the nature of Writ of Certiorarified Mandamus, call for the records pertaining to the Notice vide Rc.No.4/2022/Loans, dated (nil)- 12-2022 from the respondents 5 and 6 and quash the Notice vide Rc.No.4/2022/Loans, dated (nil)-12-2022, as the same is illegal, arbitrary, contrary to law, violative of Articles 14, 19 (g), 21 of Constitution of India 4 and consequently direct the respondents herein not to call the petitioners to their offices and not to give any threats pass Counsel for the Petitioner(S): 1. G V GANGADHAR Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. SPL.PUBLIC PROSECUTOR FOR CID The Court made the following: COMMON ORDER: WP No. 42680 of 2022 The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorarified Mandamus, call for the records pertaining to the Petitioners' Loan Accounts from the respondents 3 and 6 and furnish the same to the petitioners enabling them to clear off the balance loan amount whatever amount released to their respective loan accounts without giving breathing time by declaring the action of the respondents 6 to 9 herein in calling the petitioners to their offices and giving threats repeatedly, as illegal, arbitrary, contrary to law, violative of Articles 14, 19 (g), 21 of Constitution of India and consequently direct the respondents herein not to call the petitioners to their offices and not to give threats them pass ....” WP No.784 of 2023 The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Certiorarified Mandamus, call for the records pertaining to the Notice vide Rc.No.4/2022/Loans, dated (nil)-12-2022 from the respondents 5 and 6 and quash the Notice vide Rc.No.4/2022/Loans, dated (nil)-12-2022, as the same is illegal, arbitrary, contrary to law, violative of Articles 14, 19 (g), 21 of Constitution of India and consequently direct the respondents herein not to call the petitioners to their offices and not to give any threats pass...” 5 Heard learned counsel for the Petitioners, learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Perused the material on record. Learned Assistant Government Pleader on instructions would submit that no case is registered against the Petitioners herein and respondent never called them to the police station and brought to the notice of this Court the counter affidavit along with the vacate Stay Petition filed by the learned Standing Counsel-cum-Special Public Prosecutor for CID, wherein, at Paragraph-10 it is clearly mentioned that Petitioners herein have not been shown as accused in the cases registered against the Jayalakshmi Mutual Aided Co-operative Society and further the investigating agency had not called the petitioners to the police station in connection with any crime even though the petitioners are apprehending the arrest and prayed that this Court may pass appropriate orders by disposing of this Writ Petition. Learned counsel for the Petitioners would submit that recording the said submission, this Writ Petition may be disposed of. Considering the submission, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition Nos. 42680 of 2022 & 784 of 2023 04.09.2025 Mjl /*