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2025 DAILYLAW 48136 (AP)

Chitluri Pullayya v. The State of Andhra Pradesh

WP/8972/2021 · 2025-09-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010160252021 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: 8972/2021 Between: 1. CHITLURI PULLAYYA, S/O. VEERAYYA AGED 45 YEARS, OCC. DAILY LABOUR,R/O. D. NO. 5-6, K. GOKAVARAM VILLAGE, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, AT VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, OFFICE AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, DHARMAJIGUDEM POLICE STATION, WEST GODAVARI DISTRICT. 5. NARAYANA SWAMY, S/O. NOT KNOWN TO THE PETITIONER, AGED ABOUT 45 YEARS, OCC. SUB-INSPECTOR OF POLICE, DHARMAJIGUDEM POLICE STATION, WEST GODAVARI 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents 2 1 to 3 herein in taking necessary action against the 4th respondent who is 5th respondent herein, in torturing the petitioner by beating black and blue while in police custody without following procedure under Criminal Procedure Code more particularly not following procedure contemplated under 41-A Cr.P.C. before arresting a person under offences punishable within 7 years as per the guidelines of Apex Court in Arnesh Kumar Vs. State of Bihar as illegal, arbitrary and violative of Article 14, 21 and 22 of the Constitution of India and clear violation of procedure under Criminal Procedure Code, 1973 and pass 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 please to direct the respondents 2 and 3 herein to take necessary action against the 4th and 5th respondents as per law immediately for violation the guidelines of Apex Courts and Criminal Procedure Code, 1973, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8972/2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent Nos.1 to 3 herein in taking necessary action against the 4th respondent who is 5th respondent herein, in torturing the petitioner by beating black and blue while in police custody without following procedure under Criminal Procedure Code more particularly not following procedure contemplated under 41-A Cr.P.C., before arresting a person under offences punishable within 7 years as per the guidelines of Apex Court in Arnesh Kumar Vs. State of Bihar as illegal, arbitrary and violative of Article 14, 21 and 22 of the Constitution of India and clear violation of procedure under Criminal Procedure Code, 1973 and pass…” 2. None represented on behalf of the Petitioner. The present Writ Petition is of the year 2021. It appears that the petitioner has no interest in prosecuting the Writ Petition. 3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents is in attendance. 4. In that view of the matter, this Writ Petition is dismissed for Non- prosecution. 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.8972 of 2021 Dated.24.09.2025 UPS 38