APHC010152232021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10656/2021 Between: 1. TIRUMANI SHIVA SANKAR, S/O.DHASARADHA RAMAIAH, AGED ABOUT 41 YEARS, R/O.NARAYANA PURAM VILLAGE, BANTUMALLI MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PROHIBITION AND EXCISE SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, AND MAGISTRATE KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM. 3. THE STATION HOUSE OFFICER, BANTUMILLI P.S., BANTUMILLI, KRISHNA DISTRICT. 4. THE STATION HOUSE OFFICER, PROHIBITION AND EXCISE POLICE STATION, MACHILIPATNAM, KRISHNA 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 in the nature of Writ of MANDAMUS declaring the action of the respondents in applying the handcuffs and as well as fetters to the Petitioner's body during the Judicial custody of the Petitioner in Crime No.78/2021 dated 11-02-2021 registered under sections 7-B, R/w. 8-B of A.P. Prohibition Amendment Act, (Act No.18 of 2020) on the file of the Bantumilli Police Station, Bantumilli, 2 Krishna District as arbitrary, illegal and violative of Fundamental rights guaranteed U/A.14, 19 and 21 of the Constitution of India and consequently direct the respondents 1 to 3 to transfer the Crime No.78/2021 on the file of the Bantumilli Police Station, Bantumilli, Krishna District to the Prohibition and Excise Department, Machilipatnam, Krishna District 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 to grant to stay of all further proceedings including investigation in Crime No.78/2021 dated 11-02-2021 on the file of the Bantumilli Police Station, Bantumilli, Krishna District pending disposal of the above writ petition and pass IA NO: 1 OF 2023 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 grant leave for filing counter affidavit in the writ petition No.10656/2021 and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10656 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 in the nature of Writ of MANDAMUS declaring the action of the respondents in applying the handcuffs and as well as fetters to the Petitioner's body during the Judicial custody of the Petitioner in Crime No.78/2021 dated 11-02-2021 registered under sections 7-B, R/w. 8-B of A.P. Prohibition Amendment Act, (Act No.18 of 2020) on the file of the Bantumilli Police Station, Bantumilli, Krishna District as arbitrary, illegal and violative of Fundamental rights guaranteed U/A.14, 19 and 21 of the Constitution of India and consequently direct the respondents 1 to 3 to transfer the Crime No.78/2021 on the file of the Bantumilli Police Station, Bantumilli, Krishna District to the Prohibition and Excise Department, Machilipatnam, Krishna District.…” 2. When the matter was taken up for hearing, it is represented by the learned Assistant Government Pleader for Home for the respondents that charge sheet is filed in this matter. 3. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the above said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.09.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10656 of 2021 Dated.24.09.2025 UPS 218