APHC010892412018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 43171/2018 Between: B. PRAKASAM, S/O. LATE. RAJARATNAM, AGED. 64 YEARS, OCC. ADVOCATE, FORMER STANDING COUNSEL FOR APSCCFC LTD., OFF. FLAT NO.317,RES. FLAT NO.512, QUALITY LIFE STYLE APARTMENT, OLD PALLAVI THEATER PREMISES, SAIDABAD, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, 2ND BLOCK, GROUND FLOOR, ROOM NO.185, A.P SECRETARIAT OFFICE, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, 3RD BLOCK, 1ST FLOOR, ROOM NO.213, A.P SECRETARIAT OFFICE, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE, ELURU RANGE, ELURU, WEST GODAVARI DISTRICT. 6. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, AT ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 7. THE VICE CHAIRMAN AND MANAGING DIRECTOR, A.P.S.C.C.F.C. LTD., 4TH FLOOR, SP RIVERVIEW APARTMENT, NEAR MANIPAL HOSPITAL,TADEPALLI, GUNTUR DISTRICT,AMARAVATHI - 522 501, ANDHRA PRADESH. 8. THE DISTRICT COLLECTOR/CHAIRMAN, DISTRICT SCHEDULED CASTES SERVICE CO-OPERATIVE SOCIETY LTD., WEST GODAVARI DISTRICT, AT ELURU, ANDHRA PRADESH. 9. SRI KATAMANENI BHASKAR, I.A.S., S/O. K.V. SATYANARAYANA, 2 AGED ABOUT 41 YEARS, DISTRICT COLLECTOR AND DISTRICT MAGISTRATE-CUM-CHAIRMAN, DISTRICT SCHEDULED CASTES' SERVICE COOPERATIVE SOCIETY LTD., WEST GODAVARI DISTRICT, ELURU. 10. THE EXECUTIVE DIRECTOR, DSCSCS LTD., WEST GODAVARI DISTRICT, PREMISES OF COLLECTORATE, AT ELURU. 11. SRI KAMANCHI RAMESH, S/O. BABU PRASAD, AGED 47 YEARS, EXECUTIVE DIRECTOR, DISTRICT SCHEDULED CASTES SERVICE COOPERATIVE SOCIETY LTD., PREMISES OF COLLECTORATE, WEST GODAVARI DISTRICT, ELURU. 12. THE STATION HOUSE OFFICER, ELURU III TOWN POLICE STATION, ELURU, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR SOCIAL WELFARE (AP) 3. GP FOR GENERAL ADMINISTRATION (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 Certiorari calling for recordings pertaining to FIR in Cr.No.166/2018 of III Town Police Station, Eluru, under Sections 420 and 409 of IPC, with the Respondent No.12, as the respondent nos. 9 and 11, by influencing the Respondent No.6, even in the absence of prima facie incriminating material, got registered and consequently quash the same by declaring it as arbitrary, illegal, unconstitutional, violative of Article 21 of Constitution of India and contrary to the principles laid down by the Honourable Apex Court.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, after investigation the case was referred as “Civil in Nature”. Hence, no further orders are required in this matter and the petition may be disposed of. 3 3. For ready reference, the written instructions are extracted hereunder: “During the course of the investigation the IO of the case has examined the material evidences connected to the offence and he also made efforts to reveal facts existed behind the offence. In this case issued 41 (a) notice to accused on 25.12.2018. after detailed investigation the IO filed Charge sheet before the IInd A.J. F.C. M Court, Eluru against accused on 10.1.2019 vide SR No 109/2019. The Hon'ble Court return the charge sheet on 29.6.2019 with certain remarks. Later, IO getting the legal opinion of Hon'ble District and Sessions Judge, Eluru and case was referred as Civil in Nature on 16.7.2019 vide C.NO 431/Ref/SDO.E/ 2019 O/o of the SDPO, Eluru. In this case served the refer notice to the complainant on 25.7.2019 accordingly.” 4. Sri P.S.P.Suresh Kumar, learned counsel for the Petitioner would submit that recording the same 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 stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:21.07.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.43171 of 2018 Dt.21.07.2025 Dinesh