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2025 DAILYLAW 51630 (AP)

Salumuri Venkateswara Rao v. The State of Andhra Pradesh

WP/35964/2022 · 2025-11-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Dr.VJP,J W.P.No.35964 of 2022 APHC010596482022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35964/2022 Between: 1. SALUMURI VENKATESWARA RAO, S/O SURYARAO, HINDU, AGED ABOUT 52 YEARS, OCC- VIDEOGRAPHER, R/O DOOR NO. 6-145, VELAMA PETA, RAYAVARAM MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 2. SALUMURI VIJAYA LAKSHMI, W/O VENKATESWARARAO, HINDU, AGED ABOUT 48 YEARS, R/O DOOR NO. 6-145, VELAMA PETA, RAYAVARAM MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 3. SINGAMPALLI KRISHNA KUMARI, W/O RAMU (LATE), HINDU, AGED ABOUT 55 YEARS, R/O DOOR NO. 6-145, VELAMA PETA, RAYAVARAM MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT PRESENTLY KAKINADA DISTRICT, AT KAKINADA 3. THE STATION HOUSE OFFICER, RAYAVARAM POLICE STATION, RAYAVARAM MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT Dr.VJP,J W.P.No.35964 of 2022 4. YADLA HYMAVATHI, W/O CHINNAM NAIDU, HINDU, AGED ABOUT 50 YEARS, OCC- HOME MAKER, R/O D.NO. 6-205/1, RAYAVARAM VILLAGE, RAYAVARAM MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST 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 topleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to C.C No. 981 of 2022 in Cr. No. 109/2022 pending on the file of Honorable Judicial First Class Magistrate, Anaparthi and declare that filing of charge sheets against the petitioners herein by the Respondent No.3 without properly conducting the investigation and without whispering about their conduct being alleged against them as nothing but illegal and arbitrary and consequently quash C.C. No. 981 of 2022 in Cr. No. 109/2022 pending on the file of Judicial First Class Magistrate, Anaparthi, East Godavari District and pass Counsel for the Petitioner(S): 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. GP FOR HOME Dr.VJP,J W.P.No.35964 of 2022 The Court made the following ORDER: 1. This Writ Petition is filed with the following prayer: “…to issue a Writ or order or direction more particularly one in the nature of writ of certiorari calling for the records pertaining to C.C No. 981 of 2022 in Cr. No. 109/2022 pending on the file of Honorable Judicial First Class Magistrate, Anaparthi and declare that filing of charge sheets against the petitioners herein by the Respondent No.3 without properly conducting the investigation and without whispering about their conduct being alleged against them as nothing but illegal and arbitrary and consequently quash C.C. No. 981 of 2022 in Cr. No. 109/2022 pending on the file of Judicial First Class Magistrate, Anaparthi, East Godavari District …” 2. Heard Sri A.K.Kishore Reddy, learned counsel for the petitioners and V.Farooq, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for the petitioners would submit that court may pass appropriate orders. 4. Learned Assistant Government Pleader would submit that the present writ petition which was filed under Article 226 of the Constitution of India is not maintainable seeking for quash of a criminal proceedings, since cognizance has been taken in the said case, as per the principles laid down by the Hon’ble Apex Court in Neeta Singh Vs. State of Uttar Pradesh1. 5. Recording the same, the writ petition is disposed of. 1 SLP (Cri.) No. 13578 of 2024, dated 15.10.2024 Dr.VJP,J W.P.No.35964 of 2022 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.11.2025 Dvs Dr.VJP,J W.P.No.35964 of 2022 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 350 WRIT PETITION NO: 35964 OF 2022 Date: 21.11.2025 Dvs