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2025 DAILYLAW 47809 (AP)

NARAYANAM NAGESWARA RAO v. STATE OF AP,SCY,HOME,HYD,& 3

WP/28066/2014 · 2025-09-25

Battu Devanand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010098922014 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE / PRESENT HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION Nos. 27236 AND 28066 OF 2014 WRIT PETITION NO: 27236 OF 2014 Between: Narayanam Nageswara Rao, S/o. Late Narasimha Murthy, aged about 50 years, Managing Director, M/s. N.C.S. Sugars Limited, Lachayyapeta, Seethanagaram Mandal, Vizianagaram District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by Secretary, Home Department, Secretariat, Hyderabad. 2. The Sub Collector, Parvathipuram, Vizianagaram District. 3. Inspector of Police, Seethanagaram Police Station, Vizianagaram District. 4, Inspector of Pplice, Parvathipuram Police Station, Vizianagaram District. ...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 a Writ of Mandamus or any other appropriate writ directing the respondents not to arrest the petitioner in connection with crime numbers in FIR No.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No. 130 of 2014 subject to the petitioner cooperating with the investigation and giving statement before the investigation officer in terms of the protection contained under Section 41A or CR.P.C. lA NO: 1 OF 2014(WVMP 2681 OF 2014 Between: 1. The State of Andhra Pradesh, rep. by Secretary, Home Department, Secretariat, Hyderabad. 2. The Sub Collector, Parvathipuram, Vizianagaram District. 3. Inspector of Police, Seethanagaram Police Station, Vizianagaram District. 4. Inspector of Police, Parvathipuram Police Station, Vizianagaram District. ...Petitioners/Respondents AND Narayanam Nageswara Rao, S/o. Late Narasimha Murthy, aged about 50 years. Managing Director, M/s. N.C.S. Sugars Limited, Lachayyapeta, Seethanagaram Mandal, Vizianagaram District. ...Respondent/Petitioner 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 vacate the interim orders passed in WP.No.27236 of 2014 dt.15.9.2014. lA NO: 2 OF 2014fWPMP 34100 OF 2014 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 direct the respondent police not to arrest the petitioner in connection with FIR Nos.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No. 130 of 2014, pending disposal of t|:^e writ petition. Counsel for the Petitioner: M/s. BHARADWAJ ASSOCIATES Counsel for the Respondent Nos.1, 3 & 4 : GP FOR HOME Counsel for the Respondent No.2 : GP FOR REVENUE APHC010752622014 i rvt V CI^IUC B WRIT PETITION NO: 28066 OF 2014 Between: Narayanam Nageswara Rao, S/o. Late Narasimha Murthy, aged about 50 years, Managing Director, M/s. N.C.S. Sugars Limited, Lachayyapeta, Seethanagaram Mandal, Vizianagaram District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by Secretary, Home Department, Secretariat, Hyderabad. 2. The Sub Collector Parvathipuram Vizianagaram District. 3. Inspector of Police, Seethanagaram Police Station, Vizianagaram District. 4. Inspector of Police, Parvathipuram Police Station, Vizianagaram District. ...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 a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents recording arrest of the petitioner pursuant to a pre-trial warrant in FIR No.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No.130 of 2014 is arbitrary and illegal and direct the respondents to release the petitioner. lA NO: 1 OF 2014(WPMP 35145 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to release the petitioner from the recorded arrest in connection with FIR Nos.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No.130 of 2014, pending disposalj:>Hhe writ petition. ^ Counsel for the Petitioner: M/s. BHARADWAJ ASSOCIATES Counsel for the Respondent Nos.1, 3 & 4 : GP FOR HOME Counsel for the Respondent No.2 : GP FOR REVENUE The Court made the following Common order: APHC010098922014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NOS.27236 & 28066 OF 2014 WRIT PETITION NO: 27236/2014 Between: 1.NARAYANAM NAGESWARA RAO, VIZIANAGARAM DIST , AGED ABOUT 50 YEARS, MANAGING DIRECTOR, M/S. N C S SUGARS LIMITED, LACHAYYAPETA, VIZIANAGARAM DISTRICT SEETHANAGARAM MANDAL ...PETITIONER AND 1.SECY HOME DEPT HYD 3 OTHERS, REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, HYDERABAD. 2.THE SUBCOLLECTOR, PARVATHIPURAM DISTRICT. 3. INSPECTOR OF POLICE, SEETHANAGARAM POLICE STATION VIZIANAGARAM DISTRICT. 4. INSPECTOR OF POLICE, PARVATHIPURAM POLICE STATION VIZIANAGARAM DISTRICT. VIZIANAGARAM ...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 toto issue a Writ of Mandamus or any other appropriate writ directing the respondents not to arrest the petitioner in connection with crime numbers in FIR No.89 of 2014, FIR No. 103 of 2014, FIR No. 127 of 2014, FIR No. 128 of 2014 and FIR No.130 of 2014 subject to the petitioner cooperating with the investigation and giving statement before the investigation officer in terms of 2 the protection contained under Section 41A or CR.P.C. and grant such other relief as it deems fit and proper in the circumstances of the lA NO: 1 OF 2014(WVMP 2681 OF 2014 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 vacate the interim orders passed in WP.No.27236 of 2014 dt.15.9.2014 lA NO: 2 OF 2014(WPMP 34100 OF 2014 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 direct the respondent police not to arrest the petitioner in connection with FIR Nos.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 and FIR No.130 of 2014, pending disposal of the writ petition and grant other relief as it deems fit in the circumstances of the lA NO: 1 OF 2015(WPMP 12573 OF 2015 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 permit the above named petitioner to be impleaded as respondent No.5 in the above Writ Petition and pass Counsel for the Petitioner: 1.M/S BHARADWAJ ASSOCIATES Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.GP FOR REVENUE (AP) case. of 2014 ; such case WRIT PETITION NO: 28066/2014 Between: 1.NARAYANAM NAGESWARA RAO, S/0. LATE NARASIMHA MURTHY AGED ABOUT 50 YEARS, MANAGING DIRECTOR M/S NCS SUGARS LIMITED, LACHAYYAPETA, SEETHANAGARAM MANDAL VIZIANAGARAM DISTRICT. ...PETITIONER AND ESTATE OF AP SCY HOME HYD 3, REP. BY SECRETARY, HOME 3 DEPARTMENT, SECRETARIAT, HYDERABAD. 2.THE SUBCOLLECTOR PARVATHIPURAM VIZIANAGARAM DISTRICT, 3.INSPECTOR OF POLICE, SEETHANAGARAM POLICE STATION, VIZIANAGARAM DISTRICT 4. INSPECTOR OF POLICE, PARVATHIPURAM POLICE STATION, VIZIANAGARAM 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 toto issue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondents recording arrest of the petitioner pursuant to a pre-trial warrant in FIR No.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No.130 of 2014 is arbitrary and illegal and direct the respondents to release the petitioner and as it deems fit and proper in the circumstances of the case. lA NO: 1 OF 2014(WPMP 35145 OF 2014 grant such other relief 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 direct the respondents to release the petitioner from the recorded arrest in connection with FIR Nos.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No.130 of 2014, pending disposal of the writ petition and grant such other relief as it deems fit in the circumstances of the case. lA NO: 2 OF 2014(WPMP 38517 OF 2014 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 extend the time granted for deposit of amount in terms of the order passed in W.P.No.28066, dated 19.09.2014, by two months from the date of order of this Honourable Court lA NO: 3 OF 2014(WPMP 42726 OF 2014 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 relax the conditions contained in the order dated 19.09.2014 in W.P.No.28066 of 2014 under which the petitioner was granted bail, namely the conditions relating to stay of the petitioner at Visakhapatnam and seeking permission of the police, Seethanagaram/SubCollector, Parvathipuram for his movement 4 lA NO: 1 OF 2015(WPMP 15124 OF 2015 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 permit the above named petitioner to be impleaded as respondent No.5 in the above Writ Petition lA NO: 2 OF 2015(WVMP 50891 OF 2015 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 Counsel for the Petitioner: 1.M/S BHARADWAJ ASSOCIATES Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.GP FOR REVENUE (AP) The Court made the following: THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NQs.27236 & 28066 of 2014 COMMON ORDER- There is no representation for the petitioner. 2. Writ Petition No.27236 of 2014 has been filed seeking a Writ of Mandamus to direct the respondents not to arrest the petitioner in connection with crime numbers in FIR No.89 of 2014, FIR No.103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No.130 of 2014 subject to the petitioner cooperating with the investigation and giving statement before the investigation officer in terms of the protection contained under Section Cr.P.C. 41Aof 3. Writ Petition No.28066 of 2014 has been filed seeking a Writ of Mandamus declaring the action of the respondents recording petitioner pursuant to a pre-trial warrant in FIR No.89 of 2014, FIR No. 103 of 2014, FIR No.127 of 2014, FIR No.128 of 2014 and FIR No.130 of 2014 as arbitrary and illegal and direct the respondents to release the arrest of the petitioner. 4. During the course of hearing of the matter, learned Assistant Government Pleader representing the respondents on instructions would submit that out of the five (05) cases registered against the petitioner, in four (04) cases i.e. Crime Nos.103 of 2014, 127 of 2014, 128 of 2014 and 130 of 2014, the investigating agency filed charge sheets and thereafter both parties 6 effected a compromise under Section 320(8) of Cr.P.C before the Lok Adalat Bobbili vide C.C.No.91 of 2021 on 30.01.2021. 5. Learned Assistant Government Pleader would submit that, with respect to Crime No.89,of 2014, the investigating agency filed a charge sheet on 29.01.2021, which was numbered as C.C.No.111 of 2021 and the same is pending for trial. 6. In view of the above factual position, this Court is of the considered view that nothing survives for adjudication in the present writ petitions. 7. Accordingly, the Writ Petitions are dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// Sd/-K KASIRAO ACHARI ASSISTANT REGISTRAR f V To SECTION OFFICER 1. One CC to M/s. Bharadwaj Associates 2. Two CCs to GP for Home, [ 3. Two CCs to GP for Revenue, 4. Two CD Copies Advocate [OPUC] High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:26/09/2025 COMMON ORDER WP Nos. 27236 and 28066 OF 2014 oV If i n OCT 2025 m; to/i ^ . Current Section -^ DISMISSING THE W.P AS INFRUCTUOUS WITHOUT COSTS