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2025 DAILYLAW 45693 (AP)

T. Sarat Kumar Patro v. The State of Andhra Pradesh

WP/19722/2021 · 2025-09-22

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010327882021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19722/2021 Between: 1. T. SARAT KUMAR PATRO, S/O (LATE) BHAGVAN PATRO AGED 41 YRS, OCC. BUSINESS R/AT HOUSING BOARD , BERHAMPUR , GANJAM DISTRICT ORISSA STATE PRESENTLY AT AMARAVATHI GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE SUPEINTENDNAT OF POLICE, SRIKAKULAM DISTRICT. 3. THE STATION HOUSE OFFICER, ITCHAPURAM TOWN P.S., ITCHAPURAM SRIKAKULAM DISTRICT. 4. V SATYANARAYANA, SUB INSPECTOR OF POLICE,ITCHAPURAM TOWN P.S., SRIKAKULAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to pass an Order to Issue a Writ , or Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent 2 and 3 Police trying to interference into the Petitoiner Personal Liberty in connection with the Crime in F.I.R.No. 59 /2021 of Itchapuram Town Police Station , Srikakulam District even though there is No Prima Facie accusation is made nor shovvn as against the petitoiner nor obtained any of the IOTA of material either in documents nor collection of evidence to arrest the petitoiner , even though he is not in the scene of offence , even without Finalization of an Investigation or Charge Sheet , in that trying to take coercive steps all are illegal , Arbitrary , Violation of Article 14, 21 of the Constitutoin of India Consequently to direct the 3rd 2 Respondent Police till the Finalization of the Investigation or Completion of Charge sheet in F.I.R.No. 59/2021 of Itchapuram Town P.S., Srikakulam not to Arrest the Petitioner in the interest of the justice.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home would submit that, in light of the interim orders passed by this Court directing the investigating officer not to take any coercive steps against the petitioner, the police are therefore unable to file a charge sheet in this matter. 3. In that view, the Writ Petition is disposed of. However, Police are directed to conclude the investigation in this case and file a report in accordance with law, within a period of one (1) month from the date of receipt of a copy of this order, without arresting the petitioner. 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:23.09.2025 Asr 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.19722 of 2021 Dt.23.09.2025 Asr