1 APHC010935542018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45310/2018 Between: 1. PEDAMUTTI SUBBA RAO, S/O.PEDAMUTTI VENKANNA, AGED 59 YEARS OCC. CENTRAL GOVERNMENT EMPLOYEE R/O. 2-135, DANAM NAGAR, BADAMPUDI VILLAGE UNGUTURU MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE STATE OF ANDHRA PRADESH, AMARAVATHI VIJAYAWADA 3. THE DEPUTY SUPERINTENDENT OF POLICE, KOVVURU, WEST GODAVARI DISTRICT 4. THE SUPERINTENDENT OF POLICE, ELURU, WEST GODAVARI DISTRICT 5. THE STATION HOUSE OFFICER, PENTAPADU POLICE STATION, PENTAPADU WEST GODAVARI DISTRICT 6. DIRISIPAM SYAM BABU, S/O. NOT KNOWN TO THE PETITIONER, AGED MAJOR. R/O. H NO. 2-6, HIGH SCHOOL ROAD, UNGUTURU POST AND MANDAL WEST GODAVARI DISTRICT 534 101 7. M RAMANA MURTHY, S/O. NOT KNOWN TO THE PETITIONER, 2 AGED MAJOR R/O. GAJUWAKA, VISAKHAPATNAM PRESENTLY R/O. H NO. 2-6, HIGH SCHOOL ROAD, UNGUTURU POST AND MANDAL WEST GODAVARI DISTRICT 534 101 8. M KASTURI BAI, W/O. M. RAMANA MURTHY, AGED MAJOR RIO. GAJUWAKA, VISAKHAPATNAM PRESENTLY R/O. H NO. 2-6, HIGH SCHOOL ROAD, UNGUTURU POST AND MANDAL WEST GODAVARI DISTRICT 534 101 ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents police in showing the petitioner as 4th accused in FIR No. 142/2017 basing on the confession statement of accused no.1 without conducting any enquiry and without following due process of law is illegal, arbitrary and in violation of law and procedure as contemplated under the Act including violation of fundamental rights as protected under the Constitution of India and consequently direct the respondents police to remove the name of the petitioner as accused no.4 in the FIR no. 142/2017 not to interfere with the personal liberty and life of the petitioner 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 pass an order by directing the respondents 3 to 5 police to remove the name of the petitioner in FIR No.142/2017 showing as accused no.4 basing on the confession statement of the accused no.1, pending disposal of the main writ petition, and pass. Counsel for the Petitioner: 1. D BALA SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 45310/2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…Writ of Mandamus, declaring the action of the respondents police in showing the petitioner as 4th accused in FIR No. 142/2017 basing on the confession statement of accused no.1 without conducting any enquiry and without following due process of law is illegal, arbitrary and in violation of law and procedure as contemplated under the Act including violation of fundamental rights as protected under the Constitution of India and consequently direct the respondents police to remove the name of the petitioner as accused no.4 in the FIR no. 142/2017 not to interfere with the personal liberty and life of the petitioner and to pass…” 2. Heard Sri D. Bala Srinivasa Rao, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that charge sheet is filed in this matter. The Court has taken cognizance. 4. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the same, the Writ Petition is disposed of. No order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.45310 of 2018 Dated.25.07.2025 UPS 213