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2025 DAILYLAW 41626 (AP)

V KRISHNAIAH v. THE STATE OF ANDHRA PRADESH

WP/42088/2022 · 2025-11-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010711052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42088/2022 Between: 1. V KRISHNAIAH, S/O V.NARAYANA, AGE. 43 YEARS, OCC. CULTIVATION, R/O IMAMPURAM (V), GUNTAKAL (M), ANANTAPUR DISTRICT 2. V.MADANA MOHAN YADAV @ MADANA MOHAN, S/O LOKANATH, AGE. 20 YEARS, OCC. CULTIVATION, R/O IMAMPURAM (V), GUNTAKAL (M), ANANTAPUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE SUPERINTEND OF POLICE, ANANTAPUR, ANANTAPUR DISTRICT 3. THE SUB DIVISIONAL POLICE OFFICER, GUNTAKAL, ANANTAPUR DISTRICT 4. THE STATION HOUSE OFFICER, GUNTAKAL RURAL POLICE STATION, GUNTAKAL, ANANTAPUR 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 a Writ, order or direction more particularly one in nature of writ of Mandamus, declaring the action of Respondents 2 to 4 in keeping the names of the Petitioners in the list of Rowdy Sheeters as illegal, arbitrary, against principles of natural justice and consequently direct the Respondents to close the Rowdy Sheets with Numbers 317/AN, 318/AN opened against the Petitioners and to pass Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ ... to issue a Writ, order or direction more particularly one in nature of writ of Mandamus, declaring the action of Respondents 2 to 4 in keeping the names of the Petitioners in the list of Rowdy Sheeters as illegal, arbitrary, against principles of natural justice and consequently direct the Respondents to close the Rowdy Sheets with Numbers 317/AN, 318/AN opened against the Petitioners and to pass ....” Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Learned Assistant Government Pleader for Home, on instructions would submit that two crimes are pending against the Petitioners. In view of the grievance expressed by the Petitioners, and the case is of the CC is of the year 2021, it is apposite to direct respondent Police to follow scrupulously the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 42088 of 2022 17.11.2025 Mjl /*