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2025 DAILYLAW 50114 (AP)

Dr.J.Koti Nagaiah v. The State of Andhra Pradesh

WP/33586/2018 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010696432018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULri^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 33586 OF 201« iS -p 5D PRATAPA Between; Dr.J.Koti Nagaiah, S/o.Late Venkata Narasaiah, Occ; Doctor, Rlo.H.No.3-14-74 District. Hindu, aged about 56 yrs, JVM Hospital, Kothapeta, Tenali, Guntur ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Guntur District, Guntur 3. The Sub Divisional Police Officer, Tenali Sub-Division, Tenali, Guntur District. , Home Guntur District. 4. The Station House Officer, II Town P.S., 5. Mr Prathipati Sridhar, S/o Not Known, Tenali, Guntur District. Hindu, Major, Occ: Business, R/o.Plot No.86, PBR Estate, Kamalapuram Colony, Hyderabad. 6. Smt Prathipati Radhika Devi, W/o.Sridhar, Hindu PBR Estate, Major, Occ: Kamalapuram Colony, Business, R/o.Plot No.86 Hyderabad. ...Respondents of India praying that in the j, the High Court may be or order more particularly one in the nature of writ of Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a Writ e. Mandamus or any other appropriate writ declaring the action of die official respondents, especially respondents 3 and 4, in not investigating the case in Crime No. 86 of 2018 on the file of the 4th respondent-Police Station, which was registered for the offences under Sections 420,506 of I PC and taking action against the respondents 5 and 6 and to declare the same as illegal, arbitrary, unjust, discriminatory and consequently, direct the respondents 3 and 4 to follow the procedure contemplated under law in connection with the investigation of the case in Crime No.86 of 2018 dated 17.03.2018. lA NO: 1 OF 2018 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 3 and 4 to act upon the case in Crime No. 86 of 2018 on the file of the 4^^ respondent-Police Station, which was registered for the offences 6nder Sections 420 and 506 of IPC, in the interest of justice. Counsel for the Petitioner: SRI N. SRIHARI Counsel for the Respondent Nos.1 to 4 : SRI V. FAROOK, ASST.GP FOR HOME Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court made the following order: APHC010696432018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33586/2018 Between: 1.DR.J.KOTI NAGAIAH, S/O.LATE VENKATA NARASAIAH, HINDU, AGED ABOUT 56 YRS, OCC-DOCTOR, RIO.H.NO.3-14-74, JVM HOSPITAL, KOTHAPETA, TENALl, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY , HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR, GUNTUR DISTRICT. 3.THE SUBDIVISIONAL POLICE OFFICER, TENALl SUB-DIVISION, TENALl,GUNTUR DIST. 4.THE STATION HOUSE OFFICER, II TOWN P.S., TENALl, GUNTUR DISTRICT. 5.MR PRATHIPATI SRIDHAR, S/0 NOT KNOWN, HINDU, MAJOR, OCC-BUSINESS, R/O.PLOT NO.86, PBR ESTATE, KAMALAPURAM COLONY, HYDERABAD. 6.SMT PRATHIPATI RADHIKA DEVI, W/O.SRIDHAR, HINDU, MAJOR, OCC-BUSINESS, R/O.PLOT N0.86, PBR ESTATE, KAMALAPURAM COLONY, HYDERABAD. ...RESPONDENT(S): 2 '4 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 to issue a Writ or order more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of die official respondents, especially respondents 3 and 4, in not investigating the case in Crime No. 86 of 2018 on the file of the 4th respondent-Police Station, which was registered for the offences under Sections 420,506 of I PC and taking action against the respondents 5 and 6 and to declare the same as illegal, arbitrary, unjust, discriminatory and consequently, direct the respondents 3 and 4 to follow the procedure contemplated under law in connection with the investigation of the case in Crime No.86 of 2018 dated 17.03.2018, and to pass lA NO: 1 OF 2018 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 3 and 4 to act upon the case in Crime No. 86 of 2018 on the file of the 4th respondent-Police Station, which was registered for the offences under Sections 420 and 506 of IPC, in the interest of justice and to pass Counsel for the Petitioner: 1.N SRIHARI Counsel for the Respondent(S): 1.GP FOR HOME (AP) 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: ...to issue a Writ or order more particularly one in the nature of writ of Mandamus or any other appropriate writ declaring the action of die official respondents, especially respondents 3 and 4, in not investigating the case in Crime No. 86 of 2018 on the file of the 4th respondent-Police Station, which was registered for the offences under Sections 420,506 of IPC and taking action against the respondents 5 and 6 and to declare the same as illegal, arbitrary, unjust, discriminatory and consequently, direct the respondents 3 and 4 to follow the procedure contemplated under law in connection with the investigation of the case in Crime No.86 of 2018 dated 17.03.2018, and to pass....” 2. Heard Sri N.Srihari, learned counsel for the petitioner and Sri V.Farook. learned Assistant Government Pleader for Home. Learned Assistant Government Pleader on written instructions would 3. submit that the investigation is completed and charge sheet is also filed in this matter. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 5. closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary , Home Department, State of Andhra Secretariat, Velagapudi, Amaravathi, Guntur District. Pradesh 2. The Superintendent of Police, Guntur District, Guntur, Guntur District. 3. The Sub Divisional Police Officer, Tenali Sub-Division, Tenali, Guntur Dist. 4. The Station House Officer, II Town P.S., Tenali, Guntur District. 5. One CC to Sri N. Srihari, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT DATED:17/07/2025 ORDER WP NO. 33586 OF 2018 DISPOSING OF THE W.P. WITHOUT COSTS >