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High Court of Andhra Pradesh · body

2025 DAILYLAW 39587 (AP)

Gurajala Venkateswara Rao, v. UNION OF INDIA

WP/45315/2018 · 2025-07-30

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010938242018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 45315/2018 Between: 1. GURAJALA VENKATESWARA RAO,, S/O.KOTESWARA RAO AGED ABOUT 37 YEARS, OCC BUSINESS R/O.1- 119, MINNEKALLU (VILLAGE) SANTHAMAGULUR MANDAL, PRAKASHAM DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF LAW AND JUSTICE CENTRAL SECRETARIAT, NEW DELHI. 2. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME CENTRAL SECRETARIAT, NEW DELHI. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPL. CHIEF SECRETARY TO THE CHIEF MINISTER A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. ...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 2 Mandamus, declaring the action of the Respondents in failing to grant permission to prosecute the offenders mentioned in the representation caused through legal notice by the petitioner dt.26.12.2017 and 30.08.2018 U/Sec. 197 Cr.P.C. for the offenses committed under the provisions of IPC as they failed to initiate action statutorily mandatory against the offenders as illegal, arbitrary, unconstitutional and violation of Sec. 197 Cr.P.C. and Article 14 of Constitution of India and consequently direct the respondents either to prosecute the offenders mentioned in the representation dt.26.12.2017 and 30.08.2018 by themselves or by declaring the provision of Sec. 197 Cr.P.C. as arbitrary and violation of Article 14 of Constitution of India by issuing the necessary permission to the petitioner to prosecute the offenders by filing private complaint 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 respondents to consider the representations dt.26.12.2017 and 30.08.2018 by the petitioner for consideration of filing private complaint against the named offenders individually, pending disposal of the Writ Petition, and to pass Counsel for the Petitioner: 1. M JANARDHAN RAO Counsel for the Respondent(S): 1. KANDA SRINIVASU (CENTRAL GOVERNMENT COUNSEL) 2. GP FOR HOME (AP) 3. DEPUTY SOLICITOR GENERAL OF INDIA 4. GP FOR GENERAL ADMINISTRATION (AP) 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 45315 of 2018 The Court made the following Order: This Court after perusing the earlier proceedings gave a direction on 25.07.2025, to list the matter under the caption ‘For Dismissal’. However, today also, there is no representation for the petitioner. 2. Learned Additional Government Pleader representing the State is in attendance. 3. Accordingly, this Writ Petition is dismissed for non- prosecution. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 31.07.2025 PSA 4 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 45315 of 2018 Date: 31.07.2025 PSA