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2025 DAILYLAW 47707 (AP)

Deepala Narasimha Rao, v. The State of A.P

WP/19356/2021 · 2025-10-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010322392021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) c- ■Jr- THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT TfHE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRAT^A WRIT PETITION NO: 19356 OF 2021 Between: Deepala Narasimha Rao, S/o Kotaiah, Age 28 years, Cultivation, R/o Venkatayapalem Village, Bellamkonda Mandal, Guntur District ...Petitioner AND 1. The State of A.P, Rep by Principal Secretary, Home Department, Secretariat, Velgapudi, Amaravati. 2. The Director General, Anti-Corruption Bureau, A.P., Headquarters Office, 2"^^ Floor, N.T.R. Admn. Block, Pandit Nehru Bus Station, Vijayawada 3. Joint Director, Central Zone, Anti-Corruption Bureau, A.P., Headquarters Office, Floor, N.T.R. Admn. Block, Pandit Nehru Bus Station ,Vijayawada 4. Dist. Inspector, O/o. Addl. Supdt. of Police Anti Corruption Bureau Behind Medical College, Kannavarithota, Guntur. 5. Sri T Narasimha Reddy, previously worked as Inspector, A.C.B., Guntur, now working as Inspector of Police, City Central Crime Station, Guntur Rural. 6. Sri Kasu Venkata Reddy, previously worked as special public prosecutor, SC ST (POA) Court, Guntur at present working as Tenure Public Prosecutor, Mahila Sessions court, Guntur. ...Respondents 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 appropriate Writ order or direction one in the nature of writ of mandamus declaring the action of the 4th in issuing the impugned notice, dated-31-08-2021 in Crime No.14/RCT-ACB-GNT/2014 of Anti-Corruption Bureau, Guntur, calling the Writ Petitioner to attend the office of the 4*^ Respondent to record the reasons for such discrepancies of statements recorded under section 161 Cr.P.C., dated-20-11-2014, section 164 Cr.P.C. on 02-12-2014. Since the evidence of the petitioner was recorded by the enquiry officer on 20-11-2018 is illegal. Arbitrary, unjust and without jurisdiction and consequently quash the impugned notice dated 31-08-2021 in Crime No.14/RCT-ACB-GNT/2014 of Anti-Corruption Bureau, Guntur. lA 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 direct the respondents No.4 not to call the petitioner to the police station or in any manner interfere with the personal life and liberty of the petitioner and in continuation to stay of all further proceedings in continuation to the impugned notice dated-31-08-2021 in Crime No.14/RCT-ACB-GNT/2014 of Anti- Corruption Bureau, Guntur pending disposal of the above writ petition. Counsel for the Petitioner: SRI SREENIVASA RAO CH Counsel for the Respondents No.1 to 3: SRI S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following order: APHC010322392Q21 IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19356/2021 Between: 1.DEEPALA NARASIMHA RAO,, S/0 KOTAIAH, AGE 28 YEARS, CULTIVATION, R/0 VENKATAYAPALEM VILLAGE,BELLAMKONDA MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1.THE STATE OF A P, REP BY PRINCIPAL SECRETARY, HOME DEPARTMENT ,SECRETARIAT,VELGAPUDI,AMARAVATL 2.THE DIRECTOR GENERAL, .ANTI-CORRUPTION BUREAU. A.P.,HEADQUATERS OFFICE,2ND FLOOR,N.T.R. ADMN. BLOCK, PANDIT NEHRU BUS STATION .VIJAYAWADA 3.JOINT DIRECTOR, CENTRAL ZONE.ANTI-CORRUPTION BUREAU, A.P.,HEADQUATERS OFFICE, 2ND FLOOR, N.T.R. ADMN. BLOCK. PANDIT NEHRU BUS STATION .VIJAYAWADA 4.DIST INSPECTOR. 0/0. ADDL. SUPDT .OF POLICE ANTI CORRUPTION BUREAU BEHIND MEDICAL COLLEGE, KANNAVARITHOTA.GUNTUR. 5.SRI T NARASIMHA REDDY, PREVIOUSLY WORKED AS INSPECTOR. A.C.B., GUNTUR, NOW WORKING AS INSPECTOR OF POLICE, CITY CENTRAL CRIME STATION, GUNTUR RURAL. 6.SRI KASU VENKATA REDDY, , PREVIOUSLY WORKED AS SPECIAL PUBLIC PROSECUTOR. SC ST (POA) COURT, GUNTUR AT PRESENT WORKING AS TENURE PUBLIC PROSECUTOR, 2 MANILA SESSIONS COURT, GUNTUR. ...RESPONDENT(S): Counsel for the Petitioner: 1.SREENIVASA RAO CH Counsel for the Respondent(S): 1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2.. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19356 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue appropriate Writ order or direction one in the nature of writ of mandamus declaring the action of the 4th in issuing the impugned notice, dated-31-08-2021 in Crime NO.14/RCT-ACB-GNT/2014 of Anti-Corruption Bureau, Guntur, calling the Writ Petitioner to attend the office of the 4th Respondent to record the reasons for such discrepancies of statements recorded under section 161 Cr.P.C., dated-20-11- 2014, section 164 Cr.P.C. on 02-12-2014. Since the evidence of the petitioner was recorded by the enguiry officer on 20-11-2018 is illegal. Arbitrary , unjust and without jurisdiction and consequently quash the impugned notice dated 31-08-2021 in Crime No.14/RCT-ACB-GNT/2014 of Anti-Corruption Bureau, Guntur...” 2. None represented for the petitioner. 3. Sri S.Syam Sunder, learned Special Public Prosecutor for ACB, on instructions, would submit that the cause does not survive in this matter, since the Government has dropped the action against the petitioner. The ACB also filed memo to that effect before the Special Court and the Special Court also recorded the same vide RCS.No.3 of 2017 dated 19.09.2017 on the file of Special Court for ACB, Vijayawada. 4. Recording the above said submissions, this Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat, Velgapudi, Amaravati. 2. The Director General, Anti-Corruption Bureau, A.P., Headquarters Office, 2"^^ Floor, N.T.R. Admn. Block, Pandit Nehru Bus Station, Vijayawada 3. Joint Director, Central Zone, Anti-Corruption Bureau, A.P., Headquarters Office, 2"^ Floor, N.T.R. Admn. Block, Pandit Nehru Bus Station .Vijayawada 4. Dist. Inspector, O/o. Addl. Supdt. of Police Anti Corruption Bureau Behind Medical College, Kannavarithota, Guntur. 5. One CC to SRI SREENIVASA RAO CH Advocate [OPUC] 6. One CC to SRI S.SYAM SUNDER RAO SC cum Spl P.P. For ACB Advocate [OPUC] 7. Two CD Copies gsg HIGH COURT DATED:16/10/2025 ORDER WP NO. 19356 OF 2021 DISPOSING THE WP WITHOUT COSTS