APHC010208862019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 9115/2019 Between: 1. HIRAMIYA CHINTHAKAYALA,, S/O DASTHAGIRI SAHEB, AGED ABOUT 70 YEARS, R/O H.NO.7/4271-4, SRINIVASANAGAR, PRODDATUR, YSR KADAPA DISTRICT. 2. SHAIK KHADAR BASHA,, S/O BASHEER, AGED ABOUT 40 YEARS, R/O KHADARPALLI, CHAPADA, KADAPA DISTRICT. 3. SHAIK RUKSANA,, W/O KHADAR BASHA, AGED ABOUT 35 YEARS, R/O KHADARPALLI, CHAPADA, KADAPA DISTRICT. 4. SHAIK BASHEER,, S/O KHASIM SAHEB, AGED ABOUT 70 YEARS, R/O KHADARPALLI, CHALLAVOLU, KADAPA DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, PRODDATUR II TOWN POLICE STATION, PRODDATUR, YSR KADAPA DISTRICT. 3. SMT CHINTAKAYALA WAHEEDA, W/O MAHABOOB BASHA, AGED ABOUT 27 YEARS, R/O SRINIVASA NAGAR, PRODDATUR, YSR KADAPA DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.9115 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: <….to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 2nd respondent in highhandedly proceeding with FIR.No.124/2019 without following the due process of law contemplated under Section 41-A of Code of Criminal Procedure and the procedure laid down by the Apex Court in Arnesh Kumar's case, as illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to follow the procedure under Section 41-A of the Cr.P.C. and the judgment of the Hon'ble Apex Court while proceeding with the above crime and to pass…= 2. Sri R.Mallikarjuna Rao, learned Assistant Government Pleader for Home on written instructions would submit that 2nd respondent followed guidelines of the Hon’ble Apex Court, and issued notice under Section 41-A of Cr.P.C. and the other allegations are not true and correct. The police are conducting investigation in Crime No.124 of 2019 for the offence under Section 498-A of I.P.C. against the petitioners and others in accordance with law, and they will follow due procedure established by law during investigation of the case. 3. Heard Sri P.Narasimhulu, learned counsel for the petitioners through video conference. 4 4. In the light of the submissions made by learned Assistant Government Pleader for Home, as the police have already issued notice under Section 41-A of Cr.P.C. by following due procedure established by law, and conducting investigation in the above case in accordance with law, and no further orders are required in the writ petition. 5. Accordingly, the writ petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 03.12.2025 Pmk 5 21 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:9115 OF 2019 Date: 03.12.2025 Pmk