APHC010496242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25525/2025 Between: 1. SIRIMALLA MALLIKARJUNA REDDY, S/O. BRAHMA REDDY AGED ABOUT 41 YEARS, OCCBUSINESS, R/O.D.NO.20-18-327, SANGADIGUNTA, GUNTUR CITY, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. UNION OF INDIA, REP BY ITS UNION HOME SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI. 2. 2. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, GCO COMPLEX, LODHI ROAD, NEW DELHI. 3. 3. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ACB, VISAKHAPATNAM. 4 4. THE STATION HOUSE OFFICER, CBI-ACB VISAKHAPATNAM POLICE STATION VISAKHAPATNAM 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 topleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the and 4TH Respondents in not issuing notice under section 35 (3) of BNSS or under section 41 A of Code of Criminal Procedure pertaining to F.I.R 2 No.RC0362024A0 027 of 2024, dated 03/12/2024 on the file of ACB Visakhapatnam Police Station, Visakhapatnam District as illegal, arbitrary and unconstitutional and consequently direct the 3RD and 4THRespondents to issue notice to the Petitioner under section 35 (3) of BNSS or under section 41 A of Code of Criminal Procedure pertaining to F.I.R No.RC0362024A0027 of 2024, dated 03/12/2024 on the file of ACB Visakhapatnam Police Station, Visakhapatnam District and be pleased to pass IA NO: 1 OF 2025 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 3RD and 4THRespondents to issue notice to the Petitioner under section 35 (3) of BNSS or under section 41 A of Code of Criminal Procedure pertaining to F.I.R No.RC0362024A0027 of 2024, dated 03/12/2024 on the file of ACB Visakhapatnam Police Station, Visakhapatnam District and be pleased to pass s Counsel for the Petitioner: 1. SYED KHADER MASTAN Counsel for the Respondent(S): 1. P S P SURESH KUMAR, Spl. Public Prosecutor for CBI 2. The Court made the following: 3 ORDER This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus declaring the action of the of the 3rd and 4th Respondents in not issuing notice under section 35(3) of BNSS or under section 41 A of Code of Criminal Procedure pertaining to F.I.R No.RC0362024A0 027 of 2024, dated 03/12/2024 on the file of ACB Visakhapatnam Police Station, Visakhapatnam District as illegal, arbitrary and unconstitutional and consequently direct the 3rd and 4th Respondents to issue notice to the Petitioner under section 35(3) of BNSS or under section 41 A of Code of Criminal Procedure pertaining to F.I.R No.RC0362024A0027 of 2024 dated 03/12/2024 on the file of ACB Visakhapatnam Police Station, Visakhapatnam District…” 2. Heard Sri Syed Khader Mastan, learned Counsel for the petitioner 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 VENKATA JYOTHIRMAI PRATAPA Date: 22.09.2025 JLV 4 567 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25525/2025 Dt.22.09.2025 JLV