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2025 DAILYLAW 38841 (AP)

ECE Industries Ltd. v. The State of Andhra Pradesh

WP/37456/2018 · 2025-07-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010774262018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37456/2018 Between: 1. ECE INDUSTRIES LTD., ECE HOUSE, 28-A, KASTURBA GANDHI MARG, NEW DELHI 110 001 REP. BY ITS MANAGING DIRECTOR PRAKASH KUMAR MOHTA, S/O. S.R. MOHTA, AGED ABOUT 69 YEARS, 2. PRAKASH KUMAR MOHTA, S/O. S.R. MOHTA, AGED ABOUT 69 YEARS, OCC. MANAGING DIRECTOR OF ECE INDUSTRIES LTD., ECE INDUSTRIES LTD., E.C.E. HOUSE, 28-A, KASTURBA GANDHI MARG, NEW DELHI 110 001 3. SHIVAN RANJU, S/O SHRI DINANATH GANU, AGED ABOUT 82 YEARS, DIRECTOR OF ECE INDUSTRIES LTD., O/O. ECE INDUSTRIES LTD., ECE HOUSE, 28-A, KASTURBA GANDHI MARG, NEW DELHI 110 001 4. SAKETH KHAITAN, S/O. SHRI BINOD KHAITAN, AGED ABOUT 47 YEARS, DIRECTOR OF ECE INDUSTRIES LTD., O/O.ECE INDUSTRIES LTD., ECE HOUSE, 28-A, KASTURBA GANDHI MARG, NEW DELHI 110 001 5. MAHENDRA KUMAR JAJOO, S/O SHRI RATANLAL JAJOO, AGED ABOUT 66 YEARS, DIRECTOR OF ECE INDUSTRIES LTD., O/O. ECE INDUSTRIES LTD., E.C.E. HOUSE, 28-A, KASTURBA GANDHI MARG, NEW DELHI 110 001 ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 3. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE SPECIAL OFFICER AND COMPETENT AUTHORITY, URBAN LAND CEILING, VISAKHAPATNAM. 5. THE SPECIAL OFFICER AND COMPETENT AUTHORITY, URBAN LAND CEILING, HYDERABAD. 6. THE DISTRICT COLLECTOR, VISAKHAPATNAM 7. THE TAHSILDAR, VISAKHAPATNAM URBAN, VISAKHAPATNAM 8. THE COMMISSIONER OF POLICE, VM SOUTH, BESIDE VISAKHA CENTRAL, SURYABAGH, VISAKHAPATNAM-23 9. THE DY COMMISSIONER OF POLICE, AIRPORT POLICE STATION AREA, VISAKHAPATNAM 10. THE ASST COMMISSIONER OF POLICE, AIRPORT POLICE STATION AREA, VISAKHAPATNAM 11. THE STATION HOUSE OFFICER, AIRPORT POLICE STATION, VISAKHAPATNAM ...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 toto issue writ or order more particularly one in the nature of writ of mandamus declaring the issuance of notice u/s.160 clearly mentioning that the petitioners names may be added in the already registered crime 77/2012 when the said crime was illegally, unlawfully registered without commission of any offence by the petitioners as illegal, arbitrary, high handed and malafide and insistence of the petitioners to appear before the Station House Officer, Airport Police Station is misuse and abuse of the official position taking law into their hands violating the Constitutional provisions of Article 21, 14, 19 and 3 300-A 3f Constitution of India, when there is no offences at all to be investigated and continued such illegal unlawful acts of the state and its authorities by misuse and abuse of the process of law thereby causing mental agony to the petitioners, which acts of the state and its authorities by violating the fundamental rights of the petitioners and to 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 Station House Officer, Airport Police Station, Visakhaspatam not to insist the presence of petitioners/Directors of ECE Industries Limited before him, pending disposal of the Writ Petition pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. A CHANDRA SHAKER Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR ASSIGNMENT (AP)-15515/AP/15515/2017 4 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 the nature of writ of Mandamus to declare the delay and inaction on the part of respondent No.1 in commencing the investigation in FIR No.174/2018, 175/2018 and 43/2018 and conducting the custodial interrogation and thereby cooperating with respondent No.4 in tampering the evidence as arbitrary and illegal and consequently direct the respondent No.1 to conduct the custodial interrogation in FIR No.174/2018, 175/2018 and 43/2018 forthwith and secure the forged and fabricated documents by recording the confession of respondent No.4 in the interest of justice.…” 2. Heard Sri A.Chandra Sekhar, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is disposed of since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.37456 of 2018 Dated.23.07.2025 MH 17