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2025 DAILYLAW 39353 (AP)

Mutyala Sai Kumar v. The State of Andhra Pradesh

WP/42454/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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% V APHC010878542018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) J •I MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42454 OF 2018 Between: Mutyala Sai Kumar, S/o. Balarama Krishna Aged 40 years, Occ. Towers Oxygen R/o. Venkateswara Nagar Business Rajamahendravaram, East Godavari District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department A.P. Secretariat, Velagapudi, Amaravati, Guntur Dist. 2. The Superintendent of Police, Kakinada East Godavari District 3. The Deputy Superintendent of Police, Peddapauram, East Godavari District 4. The Station House Officer, Jaggampet Police Station East Godavari District 5. Nune Surya Bhaskara Rao, S/o. Subba Rao Aged about 58 years, Occ.Cultivation R/o. Katravulapalli, Jaggampet Mandal East Godavari District. ...Respondents 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 order or direction more particularly in the 'nature of writ of mandamus declaring the action of the 4th respondent in obstructing the petitioner in entering the Katravulapalli Village, Jaggampet Mandal, East Gddavari District is illegal, arbitrary and in violation of personal j liberty consequently direct the respondent No.2 to enquiry into the illegal interfere of the 4th respondent with the personal liberty of the petitioner. lA 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.4 not to interfere with the personal liberty of the petitioner by obstructing him to enter into the Katravulapalli village, Jaggampet Mandal, East Godavari District pending disposal of the above writ petition. Counsel for the Petitioner: M/S PILLIX LAW FIRM Counsel for the Respondent Nos.1 to 4; GP FOR HOME (AP) The Court made the following order: APHC010878542018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 42454/2018 [3396] Between: MUTYALA SAI KUMAR, S/0. BALARAMA KRISHNA AGED 40 YEARS, OCC. BUSINESS R/0. VENKATESWARA NAGAR, OXYGEN TOWERS RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT SECRETARIAT, A.P. SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DIST. 2.THE SUPERINTENDENT OF PO DISTRICT 3.THE DEPUTY SUPERINTENDENT OF POLICE, PEDDAPAURAM, EAST GODAVARI DISTRICT 4.THE STATION HOUSE OFFICER, JAGGAMPET POLICE STATION EAST GODAVARI DISTRICT 5.NUNE SURYA BHASKARA RAO, S/0. SUBBA RAO AGED ABOUT 58 YEARS, OCC . CULTIVATION R/'J, KA^RAVULAPALL!, JAGGAMPET MANDAL EAST GODAVARI DISTRICT DDAVARi E, !‘CAK!MADA EAST ...F?ESPONDENT(S): Counsel for the Petitfonar: 1.PILLIX LAW FIRM Counsel for the Respondant(S): 1.GP FOR HOME (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the 4*^ Respondeint in obstructing the Petitioner in entering the Katravulapalli Village, Jaggampet Mandal, East Gddavarl District is illegal, arbitrary and in ) 2 violation of personal liberty consequently direct the Respondent No 2 to enquiry into the illegal interfere of the personal liberty of the Petitioner. ” 2. Sri Md.Farooq. learned Assistant Government Pleader Respondent with the for Home, on written instructions, would submit that, in view of the crime registered against the Petitioner and in view of the rowdy sheet opened against him, the present writ petition is filed with false allegations against Respondent No.4. Hence , the petition may be disposed of. For ready reference, the written instructions 3. are extracted hereunder; ‘2. In fact, the petitioner herein is A.2. in Cr.No.94 of 2012 u/s 341, 323, 307, 384 r/w 147 IRC of the 4^^ V*, .u . respondent police station along with others, wherein after completing investigation, charge P^'^ding was pending vide SC No. 279/2014 on the file Add. Dist. & Sessions Judge Court, Peddapuram 3. It is also fact that the petitioner is a rowdy sheeter of the respondent police station opened against him in the year 2013 which IS valid upto 31.12.2018, as per the review/renewal orders of the Sub-Divisional Police Officer, Peddapuram, dated: 01.01.2018. 4. It Is submitted that in view of registration of Cr.No. 94/2012 against the petitioner, and filing of charge sheet therein and also In view of opening and maintenance of rowdy sheet against him, the petitioner filed this writ petition, with all incorrect and untenable allegations against the 4^^ respondent herein ” 4. Learned counsel for the Petitioner would submit, recording the the petition may be disposed of. 5. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall same. stand closed. Sd/- A VIJAYA BABU ASSISTANT REpsr SECTION OFFICER RAR //TRUE COPY// To 1. The Principal Secretary, Home Department A.P. Velagapudi, Amaravati, Guntur District. Secretariat, <k 2. The Superintendent of Police, Kakinada East Godavari District 3. The Deputy Superintendent of Police, Peddapauram, East Godavari District 4. The Station House Officer, Jaggampet Police Station East Godavari District 5. Nune Surya Bhaskara Rao, S/o. Subba Rao Aged about 58 years, Occ . Cultivation R/o. Katravulapalli, Jaggampet Mandal East Godavari District 6. One CC to M/S PILLIX LAW FIRM, Advocate [OPUC] 7. Two CCS to GP FOR HOME (AP) High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL HIGH COURT DATED;21/07/2025 \ i. ORDER WP NO. 42454 OF 2018 DISPOSING OF THE W.P. WITHOUT COSTS