K.Sesha Brahmachari v. The State of Andhra Pradesh
WP/2228/2021 · 2025-08-06
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4360 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4360 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010031952021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 2228/2021 Between:
1. K.SESHA BRAHMACHARI, S/ O.SRI K.SUBRAHMANYACHARI HINDU, AGED 44 YEARS OCC CULTIVATION R/ O.BODAWADA VILLAGE PARCHUR MANDAL PRAKASAM DISTRICT, AP
2. SIRIGIRI VENU BABU, S/O.SRI S.VENKATESWARLU HINDU, AGED 42 YEARS OCC CULTIVATION, R/O.BODAWADA (V) PARCHUR MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH
3. SINGAVARAPU RAGHAVENDRA RAO, S/O.SRI S.VEERANJANEYULU
HINDU, AGED 36 YEARS
OCC CULTIVATION, R/O.BODAWADA (V) PARCHUR MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS CHIEF SECRETARY A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH
2. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION (CBI) PLOT NO.5-B, 6TH FLOOR, CGI COMPLEX LODHI ROAD, JAWAHARLAL NEHRU STADIUM MARG NEW DELHI - 110 003
3. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION (CBI) VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ANDHRA PRADESH
4. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ONGOLE ANDHRA PRADESH
5. THE STATION HOUSE OFFICER, PARCHUR POLICE STATION PARCHUR, PRAKASAM DISTRICT, AP
6. KAKULA SRIDHAR RAO, S/O.SRI K.VEERANJANEYULU MANAGING PARTNER M/S.BODAWADA COLD STORAGE UPPUTURU VILLAGE, PARCHUR MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH
7. SMT K ARUNA JYOTHI, W/O.SRI K.SRIDHAR RAO PARTNER, M/S.BODAWADA COLD STORAGE UPPUTURU VILLAGE, PARCHUR MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH
8. RAMA RURAL GODOWN, ADUSUMALLI VILLAGE, PARCHUR MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH REP.BY ITS
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PROPRIETOR K.ARUNA JYOTHI
...RESPONDENT(S): Counsel for the Petitioner(S):
1. SUDHAKARA RAO AMBATI Counsel for the Respondent(S):
1. GP FOR HOME
2. M.SRAVAN KUMAR,Spl.PUBLIC PROSECUTOR FOR C.B.I.
3. V DYUMANI
4. P.S.P.Suresh kumar,Spl.Public Prosecutor For C.B.I. 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 Mandamus declaring the inaction of the Respondent Nos.1 and 4 in not handing over the investigation of the cases vide Crime Nos.80/2014, 81/2014, 82/2014, 83/2014, 84/2014 and 40/2015 registered on the file of the Station House Officer, Purchur Police Station, Purchur, Prakasam District, Andhra Pradesh i.e. the 5th Respondent herein to the CBI as per the Circular issued by the Central Vigilance Commission bearing No.30/08/2010 dt.17-08-2010 where under it is mandatory to refer all the cases relating to the Banks where the fraud exceeds Rs.1 crore and consequently to direct the Respondent Nos.1 and 4 to handover the cases i.e. Crime Nos.80/2014, 81/2014, 82/2014, 83/2014, 84/2014 and 40/2015 registered on the file of the Station House Officer, Purchur Police Station, Purchur, Prakasam District, Andhra Pradesh i.e. the 5th Respondent, to the 3rd Respondent for the purpose of investigation and such other cases wherein the financial fraud exceeds Rs.1 crore.”
2. Sri V.Farooq, learned Assistant Government Pleader for Home would submit that, charge sheet is also filed in this matter. 3. Sri M.Sravan Kumar, learned Special Public Prosecutor for C.B.I would submit that they have not received any complaint against the Bank Officers to register a case against them. 3
4. Ms.V.Santhi Sri, learned counsel representing Ms.V.Dyumani, learned counsel for Respondent Nos.8 to 10 is in attendance. 5. Sri Sudhakara Rao Ambati, learned counsel for the Petitioners would submit that, in order to protect their skin, the Bank Officers lodged a case against the cold storage people. 6. Considering the submissions made, since no case has been registered against the Bank Officers and further the investigation has been completed and charge sheet has also been filed in this matter, this Court is does not any force in the contentions raised. 7. In that view, 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:07.08.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.2228 of 2021
Dt.07.08.2025
Dinesh