Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 42901 (AP)

Moturi Lava Kumar v. The State of Andhra Pradesh,

WP/29010/2021 · 2025-12-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010480252021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. MOTURI LAVA KUMAR, S/O. RAMA APPALA GANGADHARA RAO, AGED ABOUT 31 YEARS R/O. 1 GHANDI MAIDAN, 2ND LINE 18TH DIVISION, ELURU WESTGODAVARI. 2. MOTURI RAMA GANGADHAR RAO, S/O. LAVA RAJU, AGED ABOUT 56 YEARS, R/O.1-4-10 WESTERN STREET SIDE BY SAI TOWERS GANDHI MAIDANAM, ELURU, WEST GODAVARI. 3. MOTURI RAJYA LAKSHMI, S/O. MOTURI RAMA GANGADHAR RAO AGED ABOUT 52 YEARS R/O.1 SAI TOWERS GANDHI MAIDANAM, ELURU, WEST GODAVARI. 4. LAKSHMI NARASIMHA REDDY, S/O. NAGI REDDY, AGED ABOUT 35 YEARS, R/O. SATHUPALLI, KHAMMAM DISTRICT TELANAGANA 5. MOTURI HARIKA,, W/O. LAKSHMI NARASIMHA REDDY AGED ABOUT 35 YEARS R/O. SATHUPALLI, KHAMMAM DISTRICT TELANAGANA 6. KRANTHI SAGAR SIMHADR ABOUT 36 YEARS R/O. F8 7. MOTURI SWATHI,, W/O. KRANTHI SAGAR SIMHADRI AGED'ABOUT 30 YEARS, R/O. F8-24, AMNS TOWNSHIP, HAZIRA, SURAT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29010/2021 MOTURI LAVA KUMAR, S/O. RAMA APPALA GANGADHARA RAO, AGED ABOUT 31 YEARS R/O. 1-4-9/1 WESTERN STREET NEAR GHANDI MAIDAN, 2ND LINE 18TH DIVISION, ELURU MOTURI RAMA GANGADHAR RAO, S/O. LAVA RAJU, AGED ABOUT 10 WESTERN STREET SIDE BY SAI TOWERS GANDHI MAIDANAM, ELURU, WEST GODAVARI. MOTURI RAJYA LAKSHMI, S/O. MOTURI RAMA GANGADHAR RAO AGED ABOUT 52 YEARS R/O.1-4-10 WESTERN STREET SIDE BY SAI TOWERS GANDHI MAIDANAM, ELURU, WEST GODAVARI. LAKSHMI NARASIMHA REDDY, S/O. NAGI REDDY, AGED ABOUT 35 YEARS, R/O. SATHUPALLI, KHAMMAM DISTRICT TELANAGANA MOTURI HARIKA,, W/O. LAKSHMI NARASIMHA REDDY AGED ABOUT 35 YEARS R/O. SATHUPALLI, KHAMMAM DISTRICT KRANTHI SAGAR SIMHADRI, S/O. BHAVANNARAYANA AGED ABOUT 36 YEARS R/O. F8-24, AMNS TOWNSHIP, HAZIRA, SURAT. MOTURI SWATHI,, W/O. KRANTHI SAGAR SIMHADRI AGED'ABOUT 24, AMNS TOWNSHIP, HAZIRA, SURAT. ...PETITIONER(S) AND IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MOTURI LAVA KUMAR, S/O. RAMA APPALA GANGADHARA RAO, 9/1 WESTERN STREET NEAR GHANDI MAIDAN, 2ND LINE 18TH DIVISION, ELURU MOTURI RAMA GANGADHAR RAO, S/O. LAVA RAJU, AGED ABOUT 10 WESTERN STREET SIDE BY SAI TOWERS MOTURI RAJYA LAKSHMI, S/O. MOTURI RAMA GANGADHAR RAO 10 WESTERN STREET SIDE BY SAI TOWERS GANDHI MAIDANAM, ELURU, WEST GODAVARI. LAKSHMI NARASIMHA REDDY, S/O. NAGI REDDY, AGED ABOUT 35 YEARS, R/O. SATHUPALLI, KHAMMAM DISTRICT TELANAGANA MOTURI HARIKA,, W/O. LAKSHMI NARASIMHA REDDY AGED ABOUT 35 YEARS R/O. SATHUPALLI, KHAMMAM DISTRICT I, S/O. BHAVANNARAYANA AGED 24, AMNS TOWNSHIP, HAZIRA, SURAT. MOTURI SWATHI,, W/O. KRANTHI SAGAR SIMHADRI AGED'ABOUT 24, AMNS TOWNSHIP, HAZIRA, SURAT. ...PETITIONER(S) 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DIRECTOR GENERAL OF POLICE, AP.POLICE HEADQUARTERS, MANGALAGIRI -522502 GUNTUR DISTRICT. 3. THE SPECIAL DEPUTY SUPERINTEND OF POLICE, DISHA POLICE STATION ELURU, ELURU, WEST GODAVARI. 4. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, KOTHAPET, VIJAYAWADA CITY. 5. THE SUBINSPECTOR OF POLICE, II TOWN POLICE STATION, KOTHAPET, VIJAYAWADA CITY. 6. THE STATION HOUSE OFFICER, I TOWN POLICE STATION ELURU, ELURU, WEST GODAVARI. 7. MOTURI PREMA NAIDU, W/O. LAVA KUMAR AGED ABOUT 27 YEARS, R/O. D.NO.5-7/2-2/2, 2MD LINE, NEAR CARAMEL CHURCH, CHITTINAGAR, VIJAYAWADA. ...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 a Writ of Mandamus declaring the action of the respondent No. 3 to 5 for harassing the petitioners by way of summoning petitioners to their police stations at the behest of 7th respondent despite knowing the fact that basing on the same complaint FIR was already registered CR.No.587/2021 dated 20-07-2021 on the file of I town Police station Eluru and charge sheet was also filed regarding the said FIR as being illegal, arbitrary and is in violation of Article 20, 21 of Constitution of India and principles of natural justice and established judicial precedents and consequently direct the respondents 3 to 5 to not to summon the petitioners to their police station and to pass IA NO: 1 OF 2021 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 pleased to direct the respondent No.3 to 5 to not to insist the petitioners to appear before them pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR HOME 2. N SIVA REDDY The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29010 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent No. 3 to 5 for harassing the petitioners by way of summoning petitioners to their police stations at the behest of 7th respondent despite knowing the fact that basing on the same complaint FIR was already registered CR.No.587/2021 dated 20-07- 2021 on the file of I town Police station Eluru and charge sheet was also filed regarding the said FIR as being illegal, arbitrary and is in violation of Article 20, 21 of Constitution of India and principles of natural justice and established judicial precedents and consequently direct the respondents 3 to 5 to not to summon the petitioners to their police station and to pass…” 2. Heard M/s. Pillix Law Firm, learned Counsel for the petitioners and Sri V. Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 05.12.2025 KKV/SA 38 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29010 of 2021 Dated 05.12.2025 KKV/SA HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P. No. 29010 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 03. 05.12.2025 Dr.VJP,J Writ Petition is dismissed as infructuous. (vide separate order). ________ Dr.VJP, J KKV/SA